Conflict Avoidance, Management & Dispute Resolution Procedures

Question 1

What are some forms of alternative dispute resolution?

Answer 1

• Negotiation
• Mediation
• Arbitration
• Litigation

Question 2

What enforces the requirement for a building contract to contain provisions for Adjudication?

Answer 2

The Construction Act 1996

Question 3

Are you aware of any RICS schemes relating to conflict avoidance?

Answer 3

CAP scheme - A contractual mechanism to help parties resolve disputes. Panel of one or three impartial professionals. Informal process.

Question 4

What is the difference between arbitration and adjudication?

Answer 4

Arbitration is binding and can be a much longer process.

Adjudication allows for a quicker decision usually after 28 days and is binding unless and until it is overturned by litigation or arbitration.