Conflict Avoidance Management And Dispute Resolution Flashcards
What order would you carry out the dispute resolution procedures
- Negotiation
- Mediation
- Adjudication
- Arbitration/ litigation
What is negotiation in dispute resolution
Resolving differences between the parties informally
What’s mediation
The parties appoint an impartial mediator to provide their judgement in private to each party
What’s adjudication
An adjudicator is appointment to review the case. The adjudicators decision is binding unless arbitration/ litigation is required
What’s arbitration
The arbitrator is appointed to make a final binding decision privately (not in court)
What’s litigation
A final binding decision is made in courts
The construction act gives every contract the right to what
Adjudication
How long does the adjudicator have to make a decision
28 days from that date of their appointment
Benefits of adjudication
Quick - decision within 28 days of appointment
Allows disputes to be resolved as and when they arise which avoids unnecessary tensions and costs between parties
Who can refer a dispute to adjudication and when can they do it
Any party to a contract
Any time
How can you apply for the nomination of an adjudicator under the construction act
Apply via the RICS application form
Outline the adjudication timeframe
Party making the claim issues a notice of adjudication
Within 7 days parties agree an adjudicator
7-14 days the responding party issues their response
Adjudicator makes decision within 28 days of appointment