Conflict avoidance, management and dispute resolution procedures (Level 2)

Question 1

What is the best way to avoid conflict?

Answer 1

• Provide clear information at tender stage.
• Ensure continuous and effective communication.
• Document everything in writing.
• Follow the contract provisions and timescales.

Question 2

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

Answer 2

• Raise with the party in contract to establish the best and correct way forward.
• If operating an NEC contract, refer to the relevant clauses for how the contract dictates ambiguities.

Question 2

How do you get unambiguous contracts?

Answer 2

• Clear and concise language.
• Standard form of contract.
• Include legal counsel in drafting.

Question 3

How does record keeping avoid conflict?

Answer 3

Clearly documented trails of agreements, actions and decisions.

Question 3

How do you engender cooperation?

Answer 3

• Open communication.
• Mutual respect.
• Promote collaborative environments.

Question 4

What do you understand by the term ADR?

Answer 4

Alternative dispute resolution (ADR) is any way of settling a dispute without going to a court or tribunal for a decision.

Question 5

What are the different ADR processes?

Answer 5

• Mediation
• Negotiation
• Adjudication

Question 6

What are the principal differences between the 3 ADR processes?

Answer 6

Mediation = Third party initiated collaboration
Negotiation = discussions between each of the Parties
Adjudication = (quick process) - decision is binding but can be challenged in court

Question 7

Can you give me some examples of good practice associated with conflict avoidance?

Answer 7

• Establishing clear communication channels.
• Setting expectations and ground rules.
• Promote collaborative problem solving (risk reduction meetings).

Question 7

Which ones are binding?

Answer 7

Only adjudication.

Question 7

Can you name the three pillars of dispute resolution?

Answer 7

• Mediation
• Negotiation
• Adjudication

Question 8

What were the lessons learnt by your company from this?

Answer 8

Ensure that payless notices are served within the times stated in the subcontract and put checks in place for staff to do so.

Question 9

Can you outline how you compiled the evidence for the adjudication submission?

Answer 9

Responding party gets all evidence together and puts in a response. All documentation of payless notice thereafter month. Additional complexity on the JV, employing external legal for best care possible.

Question 10

You mention the Courts, did this mean the adjudication was challenged? Can you explain how this arose?

Answer 10

We challenged decision and commenced Part 8 proceedings – we didn’t agree with adjudicators decision. It was a small matter that could be handled by the courts, we employed a barrister working for us. Take it to TCC, solicitor provide barrister, their case. Courts rejected it.

Complaint about the adjudicator.

Question 10

How was the smash and grab adjudication impact resolved by your company?

Answer 10

• Yet to be resolved.
• Attempting to bring the subcontractor back to the table with clear evidence that they have been overpaid.
• Sought additional professional advice for a potential true value adjudication.