Conflict avoidance, management and dispute resolution procedures Flashcards
How can disputes be avoided
“Clear lines of discussion
Clear contract docs
abiding by the obligations of the contract”
What is ADR
“Alternative dispute resolution anything other than litigation;
Negotiation Conciliation Mediation Adjudication Arbitration"
What is negotiation
Discussion between parties to resolve an issue
What is conciliation
“Independent party facilitates a discussion
It is legally binding”
What is mediation
“3rd party comes in to facilitate discussions
Not legally binding
courts recommend this as the first process”
What is arbitration
“Disputes heard by private tribunal
Alternative to litigation
it has 5 objectives;
- fair, cost effective and quick
- Promote party autonomy
- Courts have supportive powers
- Language user friendly and accessible
- follows the law
Outcome binding and final”
What is the schedule of Adjudication
Option under the JCT
RICS can be selected as adjudicator
Construction act provides for the provision of adjudication
- any one can serve notice of intent to adjudicate
- Adjudicator must be appointed in 7 days
- decision must be done within 28 days
- can be extended by agreement (14 days)”
What is the RICS dispute resolution board
Independent impartial panel providing guidance to resolve project issues and mitigate impact on schemes
How is an adjudicator appointed
“Normally already nominated through the contract
RICS, RIBA etc”
What is the Technology and Construction Court
The court that hears disputes related to construction
Benefits of ADR
ADR gives parties in dispute the opportunity to work through disputed issues with the help of a neutral third party. It is generally faster and less expensive than going to court. When used appropriately, ADR can: save a lot of time by allowing resolution in weeks or months, compared to court, which can take years
Does the mediator give a verdict
Recommend an outcome based on going to court
Does adjudication need to be specified in the contract
It is a statutory requirement for adjudication to be allowed for
What are the JCT default dispute resolution options
“Negotiate
Mediate
Adjudicate
Arbitrate/Litigate”
Is the adjudicators decision binding
Binding until disputed
