Conflict Avoidance Management And Dispute Resolution

Question 1

Different forms of Alternative dispute resolution

Answer 1

Mediation, conciliation, negotiation

Question 2

Formal methods of dispute resolution

Answer 2

Arbitration, litigation, adjudication

Question 3

What would you consider before selection of dispute resolution

Answer 3

The cost of the dispute resolution in proportion to the claim. Timescales. Impact on business relationships and reputation

Question 4

What is dispute resolution

Answer 4

Actions and processes taken to resolve contractual disagreements between parties

Question 5

What is negotiation

Answer 5

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

Question 6

Conciliation

Answer 6

Similar to mediation and relies on an independent third party to aid reaching an agreement.
Conciliator does not have authority to seek evidence
Conciliators cannot make binding decision
their role is to act primarily as messenger

Question 7

Mediation

Answer 7

Brings an impartial third party to mediate and guide on decision
Mediators encourage the coming together of parties to facilitate decision rather than just acting as messenger like in conciliation.

Question 8

Success factors of negotiation on a final account

Answer 8

Both parties are satisfied with the outcome and feel that fair and reasonable compromise reached
Both parties feel that their long term relationship and reputation have been maintained

Question 9

What is adjudication

Answer 9

Statutory form of dispute resolution in Uk.
Simple and efficient method of resolving disputes without engaging in court proceedings
Relies on an independent third party who considers the claim of both parties.
Adjudication makes a binding decision which can be appealed through litigation or arbitration.
Advantages of being time sensitive decision has to be made in 28 days
Used for straightforward disputes. Adjudication decision can be overturned by arbitration or litigation

Question 10

Requirement for adjudication provision in building contract

Answer 10

The housing grants, construction and regeneration act 1996

Question 11

Which contract does adjudication apply to?

Answer 11

all construction constructs entered into after the housing grants and construction regeneration act in England Scotland and wales

Question 12

If building contract doesn’t have adjudication ? Then what

Answer 12

The parties still have a statutory right to adjudication assuming the contract qualifies under the construction act.

Question 13

Arbitration

Answer 13

Alternative to going into court. A neutral third party listens to both sides of the dispute and makes a binding decision.
Proceedings can be undertaken in a private setting to preserve reputation of both parties. So good for confidentiality
Useful for technical disputes
Quick resolution and can have virtual hearings

Question 14

Arbitration

Answer 14

Governed by arbitration act 1996.
Procedures are similar to litigation with formal submissions by both parties, expert evidence, hearings and a decision by arbitrator.
Voluntary both parties must agree to participate. More flexible than litigation can decide when the hearings will take place.
Arbitrators ruling is final.

Question 15

Litigation

Answer 15

Conducted in court. A public process that follows the civil procedure rules.
Despite having high costs the process can deal with multiparty disputes and civil procedure rules