Conflict Avoidance (MP) Flashcards
How can you avoid conflict?
a. Good project management
b. Good clear documentation
c. Record keeping
d. Client / Project Team Management
e. Partnering / Collaborating / Alliancing
f. Forums for good effective communication
g. Act within own skill / competence at all times
h. Follow RICS Rules of Conduct and Guidance
If conflict occurs, how do you deal with it initially?
Setup an initial meeting to discuss conflict in person, try to resolve the conflict through communication and negotiation
What is the cause of most disputes?
a. Commercial
b. Unclear / Ambiguous definitions meanings within contracts
c. Unclear drawings
d. Program / schedule delays
e. Quality
What is Dispute Resolution?
Method to resolve conflict
What is Mediation?
a. Mediation is a form of ADR that is led by a third party mediator who looks to facilitate discussions between parties to help come to an agreement
b. Process is not binding
What is Conciliation
a. Same as mediation but process is slightly different
b. Process is not binding
c. Conciliator prepares a recommendation whereby comes binding after a set duration unless a party disputes
What is an expert witness?
a. Witness that is an expert in field which has been called to judicial hearing.
b. Their duty is to the court not the client
What is expert determination?
a. Parties agree to refer their dispute to an impartial expert and will be bound by the decision
b. More informal that arb / lit
What is adjudication?
a. Adjudication is a statutory right under the construction act
b. Process whereby an adjudicates both parties and decision is binding (unless later referred to arb / lit)
c. Fast working solution
d. Bound by a time period / process
i. Notice
ii. 7 days to appoint an adjudicator
iii. 28 days to reach a decision
iv. +14 days if both parties agree
e. Process is binding
What is the contract is silent on adjudication?
a. Statutory Right under the construction Act
b. Or Scheme for Construction Contracts
What is arbitration?
a. Arbitration is governed by the Arbitration Act or CIMAR
b. Process which is binding by the arbitrator
c. Is not court involvement
d. Private Process
e. Fast
f. Arbitrator can be agreed with relevant expertise in the matter
What is Litigation
a. Formal court proceedings
b. Public open court
c. Decision is binding
d. Judges have power to impose sanctions with non compliance
What would you consider to select a form of dispute resolution?
a. Cost
b. Timescales
c. Privacy / Impact on business
Tell me about the differences between arbitration and litigation?
a. Arbitration is done privately in TCC
b. Arbitration is governed by Arbitration Act
c. Different types of Arbitration hearing
d. Litigation is public and in the open courts
e. Litigation can deal with multi party disputes as parties do not pay for court judge
