Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards

1
Q

JCT D&B - approach to conflict

A

Negotiate first.
Mediation.
Adjudication.
Arbitration optional.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

NEC - conflict approach

A

Dispute resolution W1; HGCRA not apply. Timescales stated.
W2; HGCRA applies. Both can refer to Tribunal 4 weeks after.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Dispute Resolution and ADR

A

Negotiation (informal).
Mediation (formal - not binding).
Adjudication (formal – binding).
Arbitration (legally binding).
Litigation (legal judge binding).
ADR – All previous are examples except LITIGATION.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the components of Conflict Avoidance (project context)

A

Proactive management,
Clear documentation,
Positive contractor relationship,
Clear payment terms,
meeting minutes (confirm issues, actions & agreements)
cost reports,
change processes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Components of Partnering to minimise conflict

A

Project wide co-operation.
Open communication.
Multi-party Contract incorporating principles.
JCT Constructing Excellence; Risk registers, Risk allocation, KPI’s

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Negotiation approach (simplify)

A

Clear outcomes –
listen –
see their point of view –
challenge –
research –
walk away –
focus on their pressure (time/cost)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Mediation

A

Independent perspective to facilitate settlement.
Does not give opinion/ recommendation.
Directs parties to agree on the issue on the basis of what a likely award might be

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Conciliation

A

Similar to mediation but makes a RECOMMENDATION.
NOT usually binding.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Adjudication

A

Stat requirement under HGCRA or Scheme for Construction Contracts. Invoked at any time.
5 days’ notice, appoint Adjudicator.
2 days to confirm availability.
7 days to submit evidence.
Adjudicator decision in 28 days (can be extended with party permission).
Binding until further escalated to Arbitration or Litigation.
Introduced under ‘Housing Grants, Construction & Regeneration Act 1996

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Arbitration

A

Must be option in contract. Private hearing (not in public eye). 28 days to appoint single (14 for 2+).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Short hearing

A

Inspecting work, materials etc.
Written statements.
1-day hearing.
Can agree to extend.
Award in 1 month

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Documents only

A

No need for hearing.
Submit statement and submit formal reply to each other.
Further questioning or hearing may be requested.
1-month decision.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Full Procedure

A

Comprehensive process used only when previous deemed not sufficient to investigate issue.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Who bares cost of legal fees in arbitration?

A

Losing party bares costs and Arbitrator can apportion settlement at their own discretion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Pre-Action Protocol

A

Encourage ADR
Ensure both parties have all info
Allow settlement offers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Litigation

A

Formal process undertaken through public process.
Technology and Construction court.
Public Eye.
Expensive.
Time consuming.
Binding subject to appeal.

17
Q

Expert Witness

A

Provide opinion based on experience, knowledge and expertise.
Independent, impartial and unbiased

18
Q

Independent Expert Determination

A

Parties agree to third party to make decision.
Typically used to determine the value of a Final Account or significant variation/s.
Final and Binding.

19
Q

Scott schedules

A

Table setting out a claim;
Description
Claimant overview & amount
Defendant overview & amount
Arbitrator conclusion and award