Conflict avoidance, management and dispute resolution procedures Level 1

Question 1

PACT?

Answer 1

Professional Arbitration on Court Terms

Question 2

What is the best way to avoid conflict?

Answer 2

Honesty, professionalism, respect, inclusion, transparency, cooperation

Question 3

How do you get unambiguous contracts?

Answer 3

Terms must be certain, agreement is complete, “what, when, how much” need to be explicitly defined, no ambiguous or vague

Question 4

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

Answer 4

Reduce amendments, keep it concise, define any areas explicitly

Question 5

How does record keeping avoid conflict?

Answer 5

historical evidence which can be relied upon and not disputed. Shows reasoning for certain decisions, back up your actions. Also to show dates and correspondence to prove persons words or actions.

Question 6

How do engender cooperation?

Answer 6

Identify similar goals, transparency

Question 7

What do you understand by the term ADR?

Answer 7

Alternative Dispute Resolution

Question 8

What are the different ADR processes?

Answer 8

Consumer redress mechanisms for business to consumer transactions (customer complaints), mediation, independent experts, arbitrators

Question 9

What are the principal differences between ADR procedures?

Answer 9

Consumer redress mechanisms for business to consumer transactions (customer complaints),

Business to business mechanisms are:
mediation, neutral third party who will assist parties to come to and manage the settlement of their dispute

independent experts, quicker and cheaper than arbitrator, less thorough

arbitrators, review evidence and determine outcome which is enforceable by the courts, agreed by both parties to arbitrate, decision by arbitrator, private process, Arbitration Act 1996

Question 10

Which ADR procedures are binding?

Answer 10

Adjudication, arbitration and litigation

Question 11

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

Answer 11

regular reporting, record keeping, clear documentation, having a complaints handling procedure, PII, learning from experience

Question 12

Can you name the three pillars of dispute resolution?

Answer 12

negotiation, mediation by 3rd party, adjudication / litigation / arbitration

Question 13

What current challenges has Covid and/or Brexit brought to Conflict avoidance and management?

Answer 13

Higher costs due to Brexit could contribute to more conflict

Question 14

What is Adjudication?

Answer 14

UK statutory dispute resolution procedure, simplified arbitration process, binding until determined by litigation or arbitration