Conflict avoidance, management and dispute resolution procedures

Question 1

What are the alternative dispute resolution procedures?

Answer 1

Negotiation
Mediation and Conciliation
Expert Determination
Adjudication
Dispute Boards

Question 2

What are the dispute resolution procedures?

Answer 2

Arbitration
Litigation

Question 3

What does PACT stand for?

Answer 3

Professional Arbitration on Court Terms.

Question 4

What is PACT?

Answer 4

Alternative dispute resolution (ADR) for lease renewal disputes.

Allows parties to have their dispute resolved by a professional who has expertise in the subject matter, without the need to go to court.

Question 5

What techniques can be used to help avoid conflict?

Answer 5

• Fully understand client’s objectives before commencing a project.
• Carefully and properly plan projects.
• Undertake good management of projects - proactively managing, planning and the early raising of issues.
• Proactively managing all aspects of time, money and risk

Question 6

What are some of the advantages and disadvantages of different types of alternative dispute resolution procedures?

Answer 6

Negotiation
- power to settle remains between the parties
- generally non-binding but can be binding if a contract is produced out of the agreement
- cheapest form of dispute resolution

Mediation and Conciliation
- power to settle remains with the parties
- cheaper than Litigation or Arbitration
- generally non-binding but can be binding if a contract is produced out of the agreement

Expert determination
- Third party makes the decision.
- cheaper than Litigation or Arbitration
- An expert who understands the technical issues but not necessarily the law

Adjudication
- Widely used in the construction industry but can also but also apply to professional appointments
- Usually the first recourse in the event of a construction dispute
- Cheaper than Litigation or Arbitration

Question 7

What are some of the advantages and disadvantages of arbitration?

Answer 7

Arbitration Act 1996

• arbitrator, hears the evidence brought by both sides andmakesa decision
• cheaper than litigation but more expensive than other forms of ADR
• generally, just as final and binding as litigation

Question 8

What are some of the advantages and disadvantages of litigation?

Answer 8

• dealt with by the courts
• most expensive and time consuming form of dispute resolution
• Courts have the widest jurisdiction for determining a dispute.