Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards
Can you explain some common causes of disputes in construction projects?
Common causes include unclear or ambiguous contract terms, incomplete or poorly defined scopes of work, delays in payment, variations in design or specifications, performance issues such as defective work, and misalignment of stakeholder expectations.
How can unclear communication lead to disputes on a project?
Unclear communication can create misunderstandings about responsibilities, timelines, or deliverables. This can lead to disagreements over what was agreed, resulting in disputes over scope, cost, or project changes.
What techniques would you use to avoid disputes on a project?
Techniques include clear communication, thorough risk management, early warning systems to address issues proactively, collaborative partnering techniques, and robust client briefings to set clear expectations from the outset.
How can early warning systems help prevent disputes?
Early warning systems allow potential issues to be identified and addressed before they escalate. For example, regular project reviews and risk monitoring can flag delays or cost overruns early, allowing for mitigation measures to be implemented.
Why is a robust client briefing important in dispute avoidance?
A robust briefing ensures that the client’s requirements are clearly understood and documented, reducing the likelihood of scope changes or unmet expectations, which are common sources of disputes.
Can you explain how partnering techniques might reduce the risk of disputes?
Partnering techniques focus on fostering collaboration, trust, and mutual objectives among stakeholders. These approaches encourage open communication, joint problem-solving, and shared risk, which help to reduce adversarial relationships.
What are the key principles of effective negotiation?
Effective negotiation involves preparation, understanding the other party’s interests, focusing on shared goals, using clear and open communication, and maintaining professionalism. Principles from “principled negotiation” include separating people from the problem, focusing on interests over positions, and creating options for mutual gain.
How can communication help resolve potential conflicts before they escalate?
Clear, consistent, and proactive communication helps to build trust, align expectations, and address misunderstandings early. Active listening and empathy also play a crucial role in de-escalating tensions.
Can you describe the difference between distributive and integrative negotiation?
Distributive negotiation focuses on dividing a fixed amount of resources, often resulting in a “win-lose” outcome. Integrative negotiation seeks to create value by addressing the interests of all parties, aiming for a “win-win” solution.
What is the difference between mediation and arbitration?
Mediation is a non-binding process where a neutral mediator helps parties reach a mutually agreeable solution. Arbitration is a binding process where an arbitrator makes a decision after reviewing evidence and arguments.
Can you explain the role of a Dispute Resolution Board (DRB)?
A DRB is a panel established at the start of a project to monitor progress and resolve disputes as they arise. This proactive approach helps to prevent escalation.
What are the advantages of using adjudication for resolving disputes?
Adjudication is a quick, cost-effective process that provides a binding interim decision, allowing work to continue while disputes are resolved.
How does arbitration differ from court proceedings?
Arbitration is private and flexible, allowing parties to agree on the process and choose an arbitrator with relevant expertise. Court proceedings are public, formal, and bound by strict procedural rules.
What are the advantages and disadvantages of litigation compared to alternative dispute resolution methods?
Litigation offers enforceable, legally binding outcomes and allows for appeals. However, it is costly, time-consuming, and public, whereas ADR methods are often faster, cheaper, and confidential.
What is the role of a surveyor acting as an expert witness?
An expert witness provides impartial, evidence-based opinions to assist the court or tribunal in understanding technical matters. Their duty is to the tribunal, not the appointing party.
How does an advocate differ from an expert witness in the context of dispute resolution?
An advocate represents a party’s interests in a dispute, aiming to present their case persuasively. In contrast, an expert witness remains impartial and focuses on providing objective advice.
What is your understanding of the RICS guidance for expert witnesses?
The RICS guidance outlines the responsibilities of surveyors acting as expert witnesses, including independence, transparency, and adherence to best practices to maintain professionalism and credibility.
What is the role of the RICS Dispute Resolution Service (DRS)?
The RICS DRS appoints mediators, arbitrators, adjudicators, and independent experts. It offers specialised schemes tailored to construction and property disputes.
Can you name other bodies or organisations involved in dispute resolution?
Other bodies include the Chartered Institute of Arbitrators (CIArb), Technology and Construction Solicitors’ Association (TeCSA), and local courts.
How do nominating bodies assist in dispute resolution processes?
Nominating bodies provide impartial third parties, such as adjudicators or arbitrators, from an approved list to resolve disputes efficiently and fairly.
Can you explain what a conflict of interest is?
A conflict of interest occurs when a surveyor’s professional judgment or actions could be influenced by a personal, financial, or other interest, or where it might appear so to others.
How can you avoid conflicts of interest in your professional practice?
Conflicts can be avoided by disclosing potential issues, seeking informed consent, and maintaining transparency and independence in all dealings.
What steps should you take if you identify a potential conflict of interest in a project?
I would disclose the conflict to all relevant parties, document the situation, and either seek a resolution or recuse myself from the project if necessary, following the RICS guidance.
