Conflict Avoidance, Management & Dispute Resolution Procedures Flashcards
LEVEL 1
What RICS documentation is in place for conflict avoidance and dispute resolution?
Guidance note - Conflict Avoidance and Dispute Resolution in Construction, 1st edition.
What are the common causes of dispute?
Ambiguity or lack of clarity, especially with reference to risk items (cost, quality, time). late payments. delays. personality clashes. defects.
What is a dispute?
A disagreement or argument between parties.
Can you name some dispute resolution procedures?
1) Negotiation
2) Mediation or Conciliation
3) Adjudicative process
What are Dispute Resolution Boards (DRBs)?
A panel of three experienced and impartial professionals, often experts in engineering, law, or construction management. One member is chosen by the owner/client, one by the contractor, and the third, often the chairperson, is mutually agreed upon by both parties.
What are Dispute Resolution Advisors (DRAs)?
What is an Expert Witness?
Expert determination involves the disputing parties instructing a third party expert to determine their dispute.
What relevant RICS guidance is there for conflict avoidance and dispute resolution?
Conflict avoidance and dispute resolution in construction - RICS Guidance Note 1st Edition
What steps would you take to minimise disputes?
1) Clear contract documentation
2) Good payment practice
3) Good project/risk management
4) Regular reporting
5) Record keeping
What is negotiation?
The problem-solving efforts of the parties themselves. Power to settle the dispute rests with the parties. Usually the first stage of the dispute resolution process.
What is mediation and conciliation?
The problem-solving efforts of the parties with a third-party intervention to mediate. The third party decision is not binding on the parties. The power to settle
remains with the parties, but the process is led by the mediator.
What is adjudication?
The process by which a tribunal decides the case before it
How could you proactively approach conflict avoidance as part of a project?
Conduct risk analysis
Produce a risk register
What is the aim of effective dispute resolution?
To produce an acceptable result for both parties in the shortest possible time, with the least possible expense and with minimum stress on the involved parties.
what are some theories of negotiation?
