Conflict Avoidance, Management & Dispute Resolution Procedires Flashcards
Why is litigation undesirable?
Costly, time-consuming and taskes controls away from the on-the-ground managers. They are also often adversarial and damage business relationships.
How may one prevent conflicts arising?
Appropriate Contract Selection - The right contract and the right amendments will provide the best chance to anticipate and have provisions for potential conflicts.
What is the Conflict Avoidance Pledge (CAP)?
The CAP has circa 80 organisations and promotes co-operation and launched the Conflict Avoidance Toolkit.
What is the Construction Playbook?
Provides guidance for public works projects.
It calls for: Standard Construction Contract, Signing up to the CAP and the use of ‘boilerplate’ causes.
What are the three types of conflict?
Party Conflict - One’s duties to one party conflict with duties to another.
Own Conflict - One’s duties to one party conflict with one’s own interests.
Confidential Information - One’s duties to one party require the disclose of confidential information from another.
What is the difference between mediation and arbitration?
Mediation is a third party acting to mediate discussions between the two parties. The decision is non-binding.
Arbitration is a third party acting to decide the just outcome based upon the evidence presented by both parties. The decision is binding.
What qualification is required to be an arbiter?
To sit on the RICS Panel you will need to have completed the RICS Diploma in Arbitration.
What qualification is required to be an adjudicator?
To be an RICS Construction Adjudicator, you must complete the RICS Diploma in Construction Adjudication.
What forms of dispute resolution are available?
Mediation
Arbitration
Adjudication
Litigation
What is mediation?
Mediation involves the use of a neutral mediator who facilitates discussions between the two parties, to explore whether a solution can be found.
Confidential and informal, the resolution is not legally binding.
What is arbitration?
An arbitrator is appointed to oversee the dispute. They will consider written and oral representations. The decision is binding.
What is adjudication?
The Housing Grants, Construction and Regeneration Act allows for an adjudicator to be appointed, who must make a decision within 28 days, which is legally binding and non-appellable.
What is an expert witness?
An expert witness is someone who provides evidence to a judicial body, such as a court.
The expert witness’ duty of care is to the court or dispute resolution panel, not the paying client and as such it is vital that they remain independent.
