Part 5 of Chapter 1

Question 1

What are alternative means of dispute resolution

Answer 1

ADR, range of procedures, alternative to litigation through courts for resolution of disputes. Intercession and assistance of neutral and impartial third party. In some definitions, it excludes not only litigation, but all forms of adjudication

Question 2

Types of ADR

Answer 2

1. Direct negotiation
2. Dispute Resolution Board (DRB)
3. Conciliation
4. Mediation
5. Arbitration

Question 3

Direct Negotiation

Answer 3

Communication, without the intervention of a third party.
1. What situations can parties resort to this method
2. Representative of the parties that should attend the meetings
3. Phases of the negotiations
4. Duration
5. Other relevant aspects

Question 4

Dispute Resolution Boards (DRBs)

Answer 4

Formed immediately after the signature of the contract to accompany the development of the project and advise or decide any dispute that may arise.
Compose by neutral third parties, usually specialized professsionals, who issue recommendations or decisions .
Parties keep possibility of resorting to mediation or arbitration

Question 5

Conciliation

Answer 5

Neutral third party dictates his best efforts to bringing the parties close in order to obtain a satisfactory agreement.
Issues opinion, advises parties, makes settlement proposals.

Question 6

Mediation

Answer 6

Flexible settlement technique, conducted privately and confidentially. Mediator acts as a neutral facilitator.
Does not advise nor does he propose a solution

Question 7

Arbitration

Answer 7

Substantive decision, award. can choose it by including arbitration clause in it