Conflict Avoidance, management, & dispute resolution procedures

Question 1

What types of dispute resolution procedure are available?

Answer 1

• Negotiation
• Mediation
• Adjudication
• Arbitration

Question 2

What is a stakeholder?

Answer 2

Any party who has an interest in the project.

Question 3

16. How do you know that you’ve done a good / adequate job?

Answer 3

Client feedback, testimonials
Few complaints
KPI’s vs Target
Monitoring

Question 4

What are the different ADR processes

Answer 4

Mediation
Adjudication
Arbitration

Question 5

What is mediation?

Answer 5

Mediator shuttles between the two parties on a location, attempts to achieve a resolution.
Not legally binding until both parties agree that it is

Question 6

What is adjudication?

Answer 6

28 day process
Adjudicator makes decision, “interim binding” on parties until resolved by legal proceedings, arbitration
“Pay now, argue later”

Question 7

What is arbitration?

Answer 7

Arbitrator/panel makes an Award after studying evidence submitted
Like litigation, but private
Award is legally binding

Question 8

Which of the 3 ADR process are legally binding?

Answer 8

Mediation is only legally binding after both parties agree it is
Adjudication is “interim binding” until later resolved by other means
Arbitration IS legally binding

Question 9

What are the “three pillars of dispute resolution”?

Answer 9

Negotiation (problem-solving efforts of parties themselves)
Mediation (or 3rd party intervention)
Adjudication/Arbitration/Litigation

Question 10

Why is adjudication so prevalent in construction?

Answer 10

It is a statutory right under the Construction Act 1996

Question 11

Do parties have to adjudicate a dispute before going to court?

Answer 11

Depends on the contract: NEC = “yes”.
Otherwise, no, but courts will want to see efforts to resolve dispute via ADR.

Question 12

What do the RICS produce on conflict avoidance?

Answer 12

A Guidance Note - Conflict avoidance and dispute resolution in construction
(part of the Black Book)

Question 13

What is the difference between mediation and conciliation?

Answer 13

Conciliation has the same aims than mediation but the processes are different. The
conciliator is usually a figure of authority that the parties have turned to for guidance.
The conciliator makes suggestions and the parties make the final decisions.

Question 14

What did the HGCRA bring in:

Answer 14

1. Staged payments
2. Ban on “paid when paid” clauses
3. Right to Statutory adjudication
4. Right to suspend performance if not paid.

Question 15

How many days for the HGCRA

Answer 15

28 days extended by 14 making 42 days not 45!