dispute resolution

Question 1

what is dispute resolution

Answer 1

term that refers to several processes that can be used to resolve a conflict, dispute or claim

Question 2

ADR

Answer 2

Alternative dispute resolution.
typically means alternatives to traditional dispute resolution procedures of litigation and arbitration

Question 3

main forms of ADR

Answer 3

negotiation - between two parties
mediation - impartial third party
adjudication- goes to court

Question 4

negotiation

Answer 4

“Overview: A process where parties directly communicate and work together to resolve the dispute without the involvement of a third party.
Advantages: Informal, flexible, and can maintain relationships.
Example: Two business partners resolving a disagreement over contract terms.”

Question 5

mediation

Answer 5

“Overview: A neutral third party (mediator) facilitates communication between disputing parties to help them reach a mutually agreeable solution.
Advantages: Non-adversarial, confidential, cost-effective, and allows parties to control the outcome.
Example: Mediation in divorce settlements to decide custody arrangements.”

Question 6

arbitration

Answer 6

“Overview: A private process where a neutral third party (arbitrator) hears evidence and arguments from the disputing parties and makes a binding or non-binding decision.
Advantages: Faster than litigation, confidentiality, and flexibility in choosing an arbitrator with expertise in the subject matter.
Example: Resolving a commercial contract dispute between companies.”

Question 7

conciliation

Answer 7

“Overview: Similar to mediation, but the conciliator takes a more active role in proposing solutions and advising on the resolution.
Advantages: Can help bridge communication gaps and provide expert recommendations.
Example: Labor disputes between employers and employees.”

Question 8

expert determination

Answer 8

“Overview: A process where an independent expert evaluates the dispute and provides a binding or non-binding decision based on their technical knowledge.
Advantages: Effective for disputes requiring specialized knowledge (e.g., engineering or financial issues).
Example: Resolving construction disputes over technical specifications.”

Question 9

adjudication timescales

Answer 9

1. Notice of Adjudication
   Timescale: The process begins when the party initiating the adjudication (the “Referring Party”) serves a Notice of Adjudication on the other party.
   Purpose: The notice sets out:
   The nature of the dispute.
   The remedy sought.
   A brief description of the issues in dispute.
   This formally starts the adjudication process, and the Referring Party must appoint an adjudicator within 7 days of serving the notice.
2. Appointment of the Adjudicator
   Timescale: The adjudicator must be appointed within 7 days of the Notice of Adjudication being served.
   Process:
   The parties can agree on an adjudicator.
   If no agreement is reached, the Referring Party can apply to a nominating body (e.g., RICS, CIArb, or another adjudication panel) to appoint an adjudicator.
   Once the adjudicator is appointed, they must confirm their acceptance of the role.
3. Referral Notice
   Timescale: The Referring Party must serve a Referral Notice to the adjudicator and the other party within 7 days of the Notice of Adjudication.
   Purpose:
   The Referral Notice sets out the detailed arguments, evidence, and supporting documentation for the dispute.
   This forms the basis of the adjudicator’s decision-making process.
4. Adjudication Process
   Timescale: The adjudicator typically has 28 days from the date they receive the Referral Notice to issue their decision.
   Extensions:
   The adjudicator can extend the period by up to 14 additional days with the consent of the Referring Party.
   Further extensions require the agreement of both parties.
   Process:
   The adjudicator reviews submissions from both parties, including evidence, arguments, and responses.
   The adjudicator may request additional information or hold meetings, but the process is usually conducted on a “papers-only” basis unless stated otherwise.
5. Decision
   Timescale: The adjudicator must issue their decision within 28 days from receiving the Referral Notice, unless an extension has been agreed.
   Purpose:
   The decision resolves the dispute and is binding unless overturned by subsequent legal proceedings (e.g., arbitration or litigation).
   The decision must be clear, reasoned, and address the issues raised in the Referral Notice.
   The adjudicator may order payment, performance, or other remedies, depending on the nature of the dispute.