Conflict avoidance, dispute resolution Flashcards
Dispute Resolution is?
The action of resolving contractual disputes between two parties
Tell me the formal types of dispute resolution
Adjudication, Arbitration and Litigation
Tell me the informal types of dispute resolution
Conciliation, Mediation and Negotiation
How can you avoid disputes?
Meticulous record keeping.
Doing what you said / the contract said you should do.
Clear communication.
Issuing instructions, notices and certificates under the contract at correct timescales.
Considerations for selecting dispute resolution method?
The cost proportionate to the claim.
The time involved.
Potential damage to business relationship or reputation.
Negotiation is?
Parties negotiate a dispute either through private negotiation or facilitated to agree a settlement they are bound by.
Adjudication is?
The statutory dispute resolution process for the UK.
relatively quick.
Binding unless proceeds to arbitration or litigation.
Relevant legislation to conflict / disputes
The Housing, Regeneration and Construction act 1996.
Construction act provisions?
Fairer payment conditions.
Improved cashflow.
Ban on pay by paid clauses.
Quicker dispute resolution processes.
What contracts does the construction act apply to?
All contracts in England Wales and Scotland as described in the act.
Arbitration is?
A formal dispute resolution process.
Outside of court.
Involves an arbitrator or panel of arbitrator to review evidence and opine on the settlement of the dispute.
Timescales for Arbitration?
Short hearing (30 days)
Documents only (30 days)
Full (can be lengthy)
Litigation is?
Court based dispute resolution process.
Can be lengthy.
Judge opines on outcome of dispute on hearing evidence and witnesses.
Can be expensive - Judge may rule for losing side to cover costs of all parties.
