HYP. 10 Avoidance - Dispute Resolution

Question 1

What contract discusses dispute resolution?

Answer 1

Contract B101 - Article 8 “Claims and Disputes”
- If a claim is covered by property insurance, the owner and Architect waive all rights against each other and their consultants
Remember : N[O] MAL

Question 2

What are the three methods of dispute resolution listed by order they are required to be completed?

Answer 2

• Negotiation
• Mediation
• Arbitration
• Litigation

Question 3

What specifically does a mediator do?

Answer 3

• Goal of mediation is to facilitate a conversation between two parties and have them come to an agreement
• Does not make a decision
• or judgement on decision

Question 4

What are the four components of arbitration?

Answer 4

1. A third party decision maker chosen by the parties
2. Neutrality of the decision
3. Opportunity for both parties to be heard
4. A binding decision or result (the owner-architect agree to this in the contract)

Question 5

What are the benefits of arbitrations?

Answer 5

• PRIVACY - results are not required to be public
• SELECTION of the decision maker and more qualified decision maker (as opposed to courthouse -appointed judge)
• FASTER - it’s privately executed, no waiting on courts
• LESS EXPENSIVE
• NO JURIES

Question 6

What are the limitations/problems with arbitration?

Answer 6

• Less discovery, and more likely to be surprised by new information
• Can cost more than civil litigation b/c arbiters need to be paid
• Limited review of the decision, it can be appeal with a narrow focus

Question 7

T/F

Arbitration is legally binding

Answer 7

True

Question 8

T/F

Litigation is legally binding

Answer 8

True

Question 9

T/F

Mediation is legally binding

Answer 9

False. fee split equally between parties