Conflict Avoidance, management and dispute resolution procedures Flashcards
What is negotiation?
negotiation – the problem-solving efforts of the
parties themselves
What is mediation or conciliation?
mediation or conciliation – a third-party
intervention does not lead to a binding decision
being imposed on the parties
What is adjudication?
an adjudicative process – the final outcome is
determined by a third party who does impose a
binding decision on the parties.
What dispute methods are available in JCT?
Negotiation
Mediation
Adjudication
Arbitration
What did you learn by being the RICS GN on conflict avoidance?
ADR is faster and more economical than tradition litigation or arbitration
Three pillars of dispute resoluation are:
Negotiation
Mediation
Adjudication
What is the timing for adjudication?
28 days (can be extended a further 14 days if agreed by both parties)
Whats the difference between mediation and conciliation?
Mediator doesn’t have an opinion of proposed solutions. Acts impartially to solve a dispute.
Conciliator is more involved and can give feedback and propose solutions
CPD - what do you mean by organizing tender documents and contracts in a way that is not ambiguous to reduce the change of conflict arising?
The tender documents should set out the conditions of the contract
It is important that tender documents and contract documents contain all the correct information and both parties fully understand what is included in the contract and the works to be carried out.
If this is not clear it can lead to disputes
ENSURE THAT CONTRACT DOC IS WHAT THE CONTRACTOR HAS TENDERED ON
What is the difference between a conciliator and mediator?
Mediator doesn’t have an opinion, Conciliator has an opinion
What is ‘Alternative Dispute Resolution’?
Anything that isn’t arbitration/ litigation
Negotiation
Mediation (or Conciliation)
Adjudication
