Dispute Resolution

Question 1

Conflict Avoidance

Answer 1

• variety of conscious / subliminal techniques used to prevent escalation from normal conflict into dispute

Question 2

Negotiation

Answer 2

• day-to-day conflict resolution, literally just chatting

- concession, compromise, coerce & confront

Question 3

Mediation

Answer 3

• private, non-binding resolution by a 3rd party
• facilitates parties reaching their own agreement
• becomes legally binding after settlement
• facilitative

Question 4

Conciliation

Answer 4

• process of mediation where neutral proposes a solution

- evaluative form of mediation

Question 5

Med-Arb

Answer 5

• parties agree to mediate, if that fails the dispute is referred to mediation

Question 6

Dispute Resolution Advisor

Answer 6

• paid equally by employer & contractor

- independent intervener settles dispute as they emerge instead of at end of contract

Question 7

Neutral Evaluation

Answer 7

• private, non-binding

- legally qualified 3rd party gives opinion on likely outcome of trial as basis for settlement discussions

Question 8

Mini-Trial

Answer 8

• voluntary non-binding process, parties present cases to panel of senior members of their organisation
• assisted by neutral facilitator who has decision making authority
• panel asks clarifying questions, facilitator assists settlement between parties

Question 9

Adjudication

Answer 9

• decisions of an adjudicator are legally binding unless further process is invoked

Question 10

Arbitration

Answer 10

• formal, private, binding process
• disputes resolves by an award of independent tribunal
• tribunal either agreed by parties or nominated by a further independent body

Question 11

Litigation

Answer 11

• formal process whereby claims are taken through court and conducted in public
• judgements are binding on parties subject to rights of appeal