Conflict Avoidance, Management and Dispute Resolution Procedures

Question 1

What is the difference between dispute avoidance and dispute resolution?

Answer 1

Dispute avoidance is the act of avoiding a dispute in the first place.

Dispute resolution is the process of resolving a dispute if one occurs.

Question 1

How can you avoid a dispute?

Answer 1

• Have clear and concise documents
• Following company procedure and RICS guidance
• Ensure important information is in writing
• Have effective communication

Question 2

What are the pillars of dispute resolution defined by RICS?

Answer 2

Negotiation
Mediation
Adjudication

Question 3

What is the process of adjudication?

Answer 3

Referring party issues a notice to say they are raising a dispute.

Then there are 7 days for parties to provide all supporting information and appoint an adjudicator

Adjudicator reviews information provided and provides a timescale on their decision - must be within 28 days however can be up to 42 days if both parties agree.

Adjudicator decision is binding unless they have acted outside their jurisdiction or have been found to be bias - in which case the decision can be overturned through arbitration.

Question 4

What if a contract does not include provisions for adjudication?

Answer 4

Does not matter as all construction contracts have the statutory right to adjudication due to the HGCRA 1996.

Question 5

Which court are construction issues heard in?

Answer 5

Technology and Construction Court.