Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards
What are the three pillars of dispute resolution?
Negotiation, Mediation, Adjudication.
What are the alternative types of dispute resolution?
Negotiation, Mediation, Adjudication.
What are the formal methods of dispute resolution?
Adjudication, Arbitration, Litigation.
What is the default method of dispute resolution in the JCT?
Litigation.
What is mediation?
Where the two parties agree to have an impartial third-party help facilitate them reaching an agreement.
What is adjudication?
Third party – impartial.
Can you describe the process of adjudication?
Notice of dispute is issued. 7 days to appoint an adjudicator. Decision made by the adjudicator 28 days from the notice being issued.
What are some advantages of adjudication?
Time certainty. Can be done in private.
What legislation gives the right to adjudicate?
The Construction Act – Housing Grants, Regeneration and Construction Act (1996).
What is arbitration?
An agreement by both parties to enter arbitration. Procedures are similar to litigation but are held privately. For arbitration to apply, the contract must contain an agreement to arbitrate.
What is litigation?
Public process that follows civil procedure rules. Information is submitted and reviewed by the court over a period of time, and then the judge comes to a binding decision. Can take anywhere from 6 to 18 months.
What court is litigation held in?
TCC – Technology and Construction Court.
Who pays the legal fees under litigation?
Commonly the losing party will pay for their own legal fees and that of the winning party.
What did you learn from reading the RICS Guidance Note on Conflict Avoidance?
Three pillars of dispute resolution which are; negotiation, mediation and adjudication.
