Conflict avoidance, management & Dispute Resolution Procedures Flashcards
What are the different forms of alternative dispute resolution?
Mediation: impartial third party involvement, mediator makes own solutions. conciliation: is the same as mediation but does not make the decisions. Negotiation: discussion held between parties. All of the above are not known to the public and cheaper quicker methods to resolve issues.
What are the forms of dispute resolution?
Adjudication: it is a third party who aims to resolve the issue within 28 days and it is binding until settled through arbitration if yet to be agreed still. Arbitration: it is binding and it’s a procedure length varies and is solely based on facts provided to the third party. Litigation: it is governed by the Civil Procedure rights and means that the dispute can become public and can be a costly.
What would be considered for dispute resolution?
You would consider the cost in relation to the claim, the time scales that you require settlement, any impact it would have on the business and reputations need to be considered.
What is the order of court proceedings?
It would first go to magistrate or county court, then to crown or High Court, then to the Court of Appeal, and final court is UK Supreme Court.
Who are the nominating bodies in dispute resolution?
Dispute resolution board: 3 panellists providing proactive method. Dispute avoidance board: up similar to the dispute resolution board but not binding. RICS adjudicator: can be named in contractual claims.
How would you avoid disputes?
Good management, clear contract, partnering and alliance, both client and contractor management, design team management, payments timely done, and record keeping.
What are the common causes for dispute?
Uncertainty, contractual dispute, or behavioural dispute through perception of facts.
What are the common requirements as acting as expert witness?
You have to act impartially as you are working for the court, even if the client is paying your fees will stop all fees and not to be on contingency basis and you may be sued for negligence.
What are the differences between an arbitrator and an independent expert? When is it more appropriate to use one or the other?
Expert determination is quicker and cheaper, Arbitration is suitable for disputes where the
evidence is less straight forward or legal issues are more complex.
Both binding
