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

Question 1

Name a common cause of a dispute.

Answer 1

Insisting on accelerating on a project
Varying cultural values in a project.
Work not being properly coordinated
Differing goals, design failures.
Workman ship,
Issues with tender.

Question 2

How can risk management help avoid disputes?

Answer 2

Identify risk
Allocate risk to party best equipped
Manage Risk.

Question 3

What is an early warning system?

Answer 3

Captures data on project risk (delays, budget_
Help project managers to stay ahead of potential issue.

Question 4

What is mediation?

Answer 4

Independent and mutual advisor works with parties to reach solution without going to court.
Mediator will not issue a decision.

Question 5

What is adjudication?

Answer 5

Faster and less formal route of dispute resolution.
Construction Act encourages this.
Alternative to Court and is quick.
Has to be stated in contract

Question 6

What is arbitration?

Answer 6

Dispute is submitted to an arbitrator to making binding decision.
Private dispute resolution.

Question 7

Name a nomination body or service available to resolve disputes?

Answer 7

Adjudicator nominating body (ie RICS).

Question 8

What is the RICS Disputes Resolution Service?

Answer 8

Oldest and largest Provider of alternative dispute resolution services in land, property and construction.

Question 9

Where would you find the mandatory requirements for identifying conflicts of interest?

Answer 9

RICS Professional Standard
Conflicts of Interest Global 2018

Question 10

Briefly explain the RICS Conflict Avoidance Process (CAP).

Answer 10

Contractual mechanism that helps party avoid prolonged and damaging disputes.
Purpose to dispose of disputes early on.
CAP - Impartial professionals panel of 3.