Conflict avoidance, management and dispute resolution procedures - Level 1

Question 1

What is the best way to avoid conflict?

Answer 1

The more sophisticated approach of partnering and alliancing might not be appropriate for all projects but good management, clear documentation, a good approach to project management, record keeping and regular reporting, and proactivity are core conflict avoidance techniques in respect of all projects.

Question 2

How do you get unambiguous contracts?

Answer 2

Clearly define key terms, timelines, and provisions, and avoid vague terms such as “reasonable expenses” or “standard quality”. Include all terms of the deal in the contract or include supporting documents via reference. Use plain English; avoid industry jargon.

Question 3

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

Answer 3

I would record these ambiguities and seek advice from the ISG legal department.

Question 4

How does record keeping avoid conflict?

Answer 4

Good records will allow you to deal quickly and confidently with a claim and therefore may avoid any dispute arising, hence its inclusion under dispute avoidance. It cannot be emphasised enough; you can never have too many records.

Question 5

• How do engender cooperation?

Answer 5

1. Collaborate to find solutions to problems.
2. Share information.
3. Work together to meet deadlines.
4. Make suggestions.
5. Help one another.
6. Give constructive feedback.

Question 6

What do you understand by the term ADR?

Answer 6

You might use alternative dispute resolution (ADR) instead of going to court. You can also use an ADR scheme to narrow down the problem before you go to court. The main advantages of solving a problem with ADR are: it’s usually cheaper, more flexible, faster and less stressful than going to court.

Question 7

What are the different ADR processes?

Answer 7

The main types of ADR available for solving a problem are: conciliation. mediation. arbitration.

Question 8

What are the principal differences between them?

Answer 8

• Conciliation involves a conciliator who focuses on what you and the other side want and tries to find a way of solving the problem that you’re both happy with. The aim is to reach an agreed solution that suits you both.
• With mediation, a mediator will help the 2 sides in a dispute to focus on the issue and consider the best way of solving it. The needs of both sides are taken into account, and you’ll try to find common ground to find the best solution to the problem. The mediator is not there to make a decision but will help both sides to agree a solution.
• Arbitration uses an independent arbitrator, usually from the Chartered Institute of Arbitrators (CIArb), to make an independent decision about your complaint.

Question 9

Which ones are binding?

Answer 9

The decision the arbitrator makes is legally binding. You won’t be able to go to court later if you don’t agree with the outcome.

Question 10

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

Answer 10

 Effective management. Potential problems can be analysed and managed by proactively planning future work and raising issues of concern early.
 Ensuring clear contract documents. Conflicts can arise from ambiguities in contract documents.
 Client management. A proper and full understanding of the client’s objectives can help avoid conflict, as can liaising with the client and managing expectations regularly.
 Progress assessment. Regularly assessing project progress, costs, and other key performance indicators and liaising with the main contractor to deal with any problems.
 Maintaining records. Conflict can often be avoided by keeping proper and detailed records of agreements, instructions, variations, labour, plant, materials, and so on.
 Payment practices. Establishing and adhering to proper payment practices.

Question 11

Can you name the three pillars of dispute resolution?

Answer 11

1. Negotiation;
2. Mediation (or third party intervention); and
3. Adjudication/ Arbitration/ Litigation.