Conflict Avoidance & Dispute Resolution Flashcards
What is dispute resolution?
An action to resolve contractual disagreements between parties
What are Alternative Dispute Resolutions forms?
Mediation
Conciliation
Negotiation
Expert Determination
What is Mediation?
A private structured form of negotiation, assisted by a third party
What is Conciliation?
Similar to mediation, however the conciliator can provide suggestions
What is negotiation?
Parties go through an informal process to settle a dispute
What is Expert Determination?
An expert in the field is appointed as a third party
How can you avoid/reduce conflict?
Good communication
Regular reporting
Record keeping
Clear documentation
What are the 3 Pillars?
Negotiation
Mediation
Adjudication
What is Adjudication?
A form of dispute resolution
It’s statutory
Adjudicator named in contract
Decision made in 28 days
Adjudicator makes decision
What is the process of adjudication?
One party requests appointment of adjudicator
Appointed within 7 days
Referral notice issued after 7 days
Adjudicator has 28 days
14 days extension
What are the advantages/disadvantages of adjudication?
Advantages:
Legally binding
Quick
Private
Disadvantages:
Can be overturned
What is Arbitration?
Procedure to settle disputes
What is the process of arbitration?
Appoint arbitrator (14 days)
Parties prepare case
Preliminary hearing
Agreement of doc submissions
Concludes with formal hearing
What are the advantages and disadvantages of arbitration?
Advantages:
Legally binding
Private
Quicker than courts
Disadvantages:
More expensive
What is Litigation?
Dispute resolution
Presentation of arguments in court
Public, civil proceedings
Decision based on evidence
