Level 1 Conflict Avoidance and Dispute Resolution Flashcards
Common Causes of conflict?
Time, Cost, Quality
How to identify risks of conflict early?
Communication and iinformation Breakdown
Preventative measures to avoid conflict?
Team Meetings and communication
Three pillars of conflict avoidance?
Negotiation: informal, discussion try to resolve and understand both sides
Mediation: Getting a third party independent to advise, CAPS an expert in the field.
Arbitration: Getting a binding decision
What is arbitration?
Essentially a lawsuit without court involvement. The parties agree either in contract. Binding Decision. Private Process.
What is adjudication?
Essentially a pay now argue late, quicker way to receive a binding decision. Mutual Agreement
What is Litigation?
A court proceeding - expensive and timely.
What is CAPS?
Conflict Avoidance Procdure - essentially a form of mediate where an expert is brought in on the topic to provide advice.
Advantages and Disadvantages of negotation
Cheap, requires cooperation,
Advantages and Disadvantages of mediation
Advantages and Disadvanatged of Arbitration
Private process, speed compared to litgation. Parties must bear the cost.
Advantages and disadvantages of Adjudication