Conflict avoidance, management and dispute resolution procedures (Level 1)

Question 1

What is the best way to avoid conflict?

Answer 1

Provide clear information at tender stage
Unambiguos Contracts - Use standard forms
Continuous effective communication
Promote a Collaborative Team Environment
Put everything into writing and document everything
Follow the contract provisions and timescales
Ensure the NEC3 EWN and CE procedure is followed
Follow RICS standards and guidance

Question 2

How do you get unambiguous contracts?

Answer 2

Use a standard form of contract
Clearly defined terms and language
Include legal input when drafting

Question 3

If you noted that there were ambiguities, what would you do?

Answer 3

Document the Ambiguities
Seek Clarification
Communicate Effectively
Collaborate with Team Members
Propose Solutions
Document Resolutions
Monitor for Further Ambiguities

Question 4

How does record keeping avoid conflict?

Answer 4

Clear document trails of agreements, actions and decisions used as a reference for all parties

Question 5

How to engender cooperation?

Answer 5

Open communication, mutual respect, promote collaborative environments

Question 6

What do you understand by the term ADR?

Answer 6

Alternative Dispute Resolution procedures

Question 7

What are the different ADR processes?

Answer 7

Negotiation
Mediation
Conciliation

Question 8

What are the principal differences between the different ADR’s?

Answer 8

Negotiation - dispute resolved between the parties
Mediation - parties agree on third party to foster resolution discussions
Conciliation - Same as mediation, however conciliator suggests a recommendation if negotiations break down. If neither party rejects within one month, the recommendation becomes final & binding

Question 9

Which ADR is binding?

Answer 9

Only conciliation recommendation if not rejected

Question 10

Can you name the three pillars of dispute resolution?

Answer 10

1 Negotiation
2 Mediation
3 Adjudication/ Arbitration/ Litigation

Question 11

How does the NEC3 deal with disputes?

Answer 11

NEC3 has a two tier approach:
Step 1 - Adjudication
Step 2 - Arbitration or Litigation

Question 12

Formal methods of Dispute Resolution

Answer 12

Adjudication
Arbitration
Litigation

Question 13

Explain Adjudication

Answer 13

• Statuatory procedure, all parties have right to under Construction Act
• Third party makes a decision which is binding unless appealed

Question 14

Explain Arbitration

Answer 14

• Certain conditions must be met to enable arbitration
• A binding agreement must be reached
• Lengthy process, conducted in private

Question 15

Explain Litigation

Answer 15

• Public process that follows civil procedure rules
• Conducted in court
• High costs

Question 16

What is expert detrmination?

Answer 16

Where parties agree to refer their disagreement to an impartial third party
They are bund by their decisions
More cost and time effective solution than arbitration or litigation

Question 17

How does the procurement route effect conflict avoidance?

Answer 17

Partnering is a collaborative management approach which can be adopted by two parties on a one off project or be a long-term relationship which aims to minimise conflict and promote communication