Conflict avoidance, management and dispute resolution procedures Level 1 Flashcards
PACT?
Professional Arbitration on Court Terms
What is the best way to avoid conflict?
Honesty, professionalism, respect, inclusion, transparency, cooperation
How do you get unambiguous contracts?
Terms must be certain, agreement is complete, “what, when, how much” need to be explicitly defined, no ambiguous or vague
If you noted that there were ambiguities what would you do?
Reduce amendments, keep it concise, define any areas explicitly
How does record keeping avoid conflict?
historical evidence which can be relied upon and not disputed. Shows reasoning for certain decisions, back up your actions. Also to show dates and correspondence to prove persons words or actions.
How do engender cooperation?
Identify similar goals, transparency
What do you understand by the term ADR?
Alternative Dispute Resolution
What are the different ADR processes?
Consumer redress mechanisms for business to consumer transactions (customer complaints), mediation, independent experts, arbitrators
What are the principal differences between ADR procedures?
Consumer redress mechanisms for business to consumer transactions (customer complaints),
Business to business mechanisms are:
mediation, neutral third party who will assist parties to come to and manage the settlement of their dispute
independent experts, quicker and cheaper than arbitrator, less thorough
arbitrators, review evidence and determine outcome which is enforceable by the courts, agreed by both parties to arbitrate, decision by arbitrator, private process, Arbitration Act 1996
Which ADR procedures are binding?
Adjudication, arbitration and litigation
Can you give me some examples of good practice associated with conflict avoidance?
regular reporting, record keeping, clear documentation, having a complaints handling procedure, PII, learning from experience
Can you name the three pillars of dispute resolution?
negotiation, mediation by 3rd party, adjudication / litigation / arbitration
What current challenges has Covid and/or Brexit brought to Conflict avoidance and management?
Higher costs due to Brexit could contribute to more conflict
What is Adjudication?
UK statutory dispute resolution procedure, simplified arbitration process, binding until determined by litigation or arbitration