Conflict Avoidance JS Flashcards
What are the alternative dispute resolution types? They are alternative to what?
Mediation, Conciliation, Negotiation; alternatives to formal dispute resolution
What is dispute resolution?
Actions that can be used to resolve a conflict, dispute or claim between parties.
What is conflict avoidance?
Actions to prevent a conflict occurring.
Included:
Ensure continuous communication between all parties.
Put everything in writing to ensure there is always documented evidence.
Follow company procedures and policy.
Follow RICS standards, professional statements and guidance.
What are the disadvantages of litigation?
Potentially greater costs if the dispute is not well managed or there is delay to the proceedings.
Longer period to obtain judgement.
Generally conducted in public.
Judgement will be subject to appeal.
Can you explain in detail the difference between arbitration and
litigation procedures?
Arbitration:-
In order to arbitrate there must be an agreement to enter into arbitration by both parties.
Parties have a wide degree of discretion as to how the proceedings are conducted.
It is a private process.
Litigation:-
Litigation differs in that proceedings are conducted in court.
It is a public process that follows civil procedure rules.
How and where have you demonstrated conflict avoidance?
On my projects I always ensure that I am open and transparent and keep a written record of all communication.
On Lichfield Street I drafted meeting minutes to ensure that all parties were aware of the actions they needed to perform.
Who can you go to in order to appoint an adjudicator?
Chartered Institute of Arbitrators (CIArb)
Chartered Institute of Building (CIOB)
Institution of Civil Engineers (ICE)
Royal Institute of British Architects (RIBA)
Royal Institution of Chartered Surveyors (RICS)
L1 - How do you get unambiguous contracts?
Poor communication, unclear terms and documents that do not clearly & concisely express how risks are to be dealt with.
L1 - How does record keeping avoid conflict?
None of the information can be disputed as it has been recorded.
L1 - Which ADR processes are binding?
Adjudication, Litigation and Arbitration
L1 - Can you name the three pillars of dispute resolution?
Negotiation, Mediation and Adjudication
L1 - What current challenges is Covid and/or Brexit bringing to Conflict avoidance, management and…?
Inability for contractors to meet contract obligations / programme with extended lead times / availability of materials.
Increased costs & time spent trying to agree recovery with client following businesses going under.
What are ways of avoiding conflict?
Clear concise contract documents, good project and client management, partnering, record keeping
Can you name the timelines in an adjudication?
The adjudicator has 28 days after the referral report is submitted to respond. This can be extended by 14 days if both parties agree.
Why might mediation be used as a pre-cursor to other forms of dispute resolution?
More informal and cheaper. 3rd party mediator is brought in. Parties can have legal representation but don’t need to
