Conflict Avoidance Management and Dispute Resolution Procedures Flashcards
Name a common cause of dispute
accelerating on a construction project, work not being properly coordinated, variation of cultural values in a project, differing goals, delays, design delays and failures, project complexity, quality and workmanship, issues with tender, variations and value engineering being imposed.
Can risk management help avoid disputes?
Identify the risks, allocate the risk to most suitable person, then manage the risk.
What is an early warning system
captures data - delays, budget overruns and quality issues. Helps project managers stay ahead.
What is mediation?
Independent and neutral advisor works with all parties to allow them to reach a mutually acceptable agreement or solution without taking the matter to court. Does not advise or issue a decision.
What is adjudication?
Faster and less formal route of dispute resolution than to the resourcing of the relatively slow and expensive court proceedings. Allows the construction to proceed and supports cash flow. Construction act encourages adjudication as a means of resolving disputes quickly without the need for lawyers when disputes arise. Only used if stated in a contract.
What is arbitration?
Dispute is submitted by agreement of the parties to one or more arbitrators. Make a binding decision on the dispute. Parties opt for a private resolution procedure instead of going to court.
Name a nominating body or service available to resolve disputes?
Named in a contract or appointed by agreement. Adjudication.co.uk. RICS is an adjudicator, RICS can be nominated in a contract.
What is the RICS dispute resolution service?
Oldest and largest in land property and construction.
What is the mandatory RICS requirements for identifying conflicts of interest?
Professional standard called conflicts of interest global 1st January 2018.
Briefly explain the RICS conflict avoidance process (CAP)?
Contractual mechanism helps parties avoid prolonged and damaging disputes, enables contracting parties identify and dispose of emerging disputes early. Avoid escalation of formal adjudication, arbitration, or litigation. 1 or 3 impartial professionals – lawyers, surveyors, or engineers. Credible experts at the heart of the dispute that is emerging.
