Conflict avoidance, management and dispute resolution procedures Flashcards
What is conflict avoidance to you?
Conflict avoidance is putting measures in place that help mitigate the likelihood of a dispute further down the line, which includes clear, concise drafting of contractual terms so expectations can be managed
What are some techniques you use to avoid conflict?
Proactively managing, planning and early raising of issues. Documenting and recoding things accurately to avoid ambiguity.
What is conflict management?
Say there is a dispute, it means staying calm and taking a considered view of the situation. Investigate the situation and try to find a resolution
What is alternative dispute resolution?
Dispute resolution procedures that fall outside the scope of court litigation
Who does an expert witness owe a duty of care to?
The court
What is an arbitrator?
Someone who has specialist knowledge and is appointed to resolve a dispute, with parties bound by their decision
Who does an advocate have a duty of care to?
Their client