Conflict Avoidance, Management and Dispute Resolution

Question 1

Conflict Avoidance Processes

Answer 1

Good Management
Clear Documents and Communication
Record Keeping
Regular Reporting

Question 2

Negotiation

Answer 2

Parties resolve the dispute themselves
Low Cost
Quick
Non-adversarial
Non-binding

Question 3

Mediation

Answer 3

Parties agree on an independant neutral third party
Formal
Power to settle remains with the parties
Can be binding

Question 4

Expert Determination

Answer 4

Parties agree by contract a 3rd party will make binding decision
Not possible to appeal decision

Question 5

Adjudication

Answer 5

Parties agree by contract to appoint a 3rd party adjudicator (JCT)
Party issued notice of dispute
Adjudicator appointed in 7 days
Adjudicator has 28 days to issue the notice
Introduced under Housing Grants, Construction and Regen Act 1996
Can be overturned by Arbitration or Litifation
Binding and enforceable in the TCC

Question 6

Arbitration

Answer 6

3rd Party Arbitrator or panel
Contract between disputing parties must contain written agreement to arbitrate
Covered by the Arbitration Act 1996
Binding and enforceable through courts

Question 7

Litigation

Answer 7

Courts
Legal action in court
Not confidential
Lengthy and costly
Can be appealed

Question 8

What is a Dispute Resolution

Answer 8

Actions to resolve contractual disagreements between aprties

Question 9

Formal Dispute Resolution

Answer 9

Arbitration
Litigation
Adjudication

Question 10

What to consider to select a DRM

Answer 10

Cost in proportion to the claim
Timescales involves
Impact on business relationships and reputation

Question 11

Conciliation

Answer 11

Independent party to aid an agreement
Conciliator has no authority to seek evidence or call witnesses
Do not make decisions

Question 12

Mediation

Answer 12

Bringing in a separate impartial third party to mediate and guide a decision which optimises the part needs.