Conflict Avoidance, Management and Dispute Resolution Procedures

Question 1

What are the 5 methods of conflict avoidance?

Answer 1

1. Accommodating
2. Avoiding
3. Collaborating
4. Compromising
5. Competing

Question 2

Name some different forms of Alternative Dispute Resolution?

Answer 2

Mediation
Conciliation
Negotiation

Question 3

Name some formal methods of dispute resolution?

Answer 3

Arbitration
Litigation
Adjudication

Question 4

What would your considerations be prior to selecting a form of dispute resolution?

Answer 4

Cost of dispute resolution in proportion to the claim being sought.
Timescales
Impact on business relationships and reputation

Question 5

What is concilitation?

Answer 5

A dispute resolution process (similar to mediation) that relies on an independent third party to aid reaching an agreement.
The conciliator has no authority to seek evidence or call witnesses.
Conciliators are not able to make binding decisions.
The conciliators’ role is to act primarily as the messenger and to encourage diplomacy.

Question 6

What is mediation?

Answer 6

An alternative form of dispute resolution and relies on bringing in an impartial third party to mediate and guide a decision.
The mediator tries to encourage a coming together of parties in order to facilitate a decision as opposed to acting only as a messenger.
Mediation encourages the coming together of parties and reaching an agreement.

Question 7

What is dispute resolution?

Answer 7

Actions and processes taken to resolve contractual disagreements between parties.

Question 8

What is negotiation?

Answer 8

Where the parties reach an agreement through an informal private or facilitated discussion.
Both parties will agree to settle the dispute either at a high level or in detail and agree to be bound by this settlement.

Question 9

What is your most successful negotiation?

Answer 9

Use an L&T example
Reference the project you had negotiated on.
Explain what the dispute was in relation to.
Explain how you prepared for example did you hold a meeting with the client or your team
internally before the main negotiation.
Explain the non-negotiable items and items that you conceded on and how these were
decided.
Talk the assessors through the end outcome and how did you ensure this was positive for not
just the client but the project and wider team for example adoption of a partnering, long term
approach.

Question 10

What could indicate the success of a negotiation on a final count?

Answer 10

Both parties are satisfied with the outcome and feel that a fair and reasonable compromise was reached.
Both parties feel as though their long-term relationships and reputations have been maintained.

Question 11

What is adjudication?

Answer 11

A statutory form of dispute resolution procedure.
Relatively simple and efficient method of resolving disputes without engaging in lengthy and expensive court proceedings.
It relies on an independent third party who considers the claims of both parties.
A binding decision is made by the adjudicator which can be appealed (by litigation or arbitration).
Time sensitive with a decision being made within 28 days

Question 12

Please can you explain your understanding of the arbitration process?

Answer 12

Arbitration is a procedure for the resolution of disputes which is under control of the parties.
Certain conditions must be met e.g., a genuine dispute or difference between the parties must have occurred within an award being capable of enforcement.
A binding agreement must be reached to escalate the matter to arbitration.
The proceedings are undertaken in a private setting meaning the reputations of both parties can be preserved to an extent.

Question 13

Can you explain in detail the difference between arbitration and litigation procedures?

Answer 13

Arbitration:
-Arbitration is governed by the Arbitration Act 1996
- In order to arbitrate there must be an agreement to enter into arbitration by both parties
- Parties have a wide degree of discretion as to how the proceedings are conducted
- Procedures are similar to litigation with formal submissions by both parties, expert evidence, hearings and a decision by the arbitrator
- it is a private process
Litigation:
- Litigation differs in that proceedings are conducted in court
- It is a public process that follows civil procedure rules
- Despite having high costs the process can deal with multi-party disputes and civil procedure rules
- Despite having high costs the process can deal with multi-party disputes and civil procedure rules which aim for accessibility, speed and efficiency