RICS Conflict Avoidance Practice Information Flashcards
What does RICS CADR say are ways/best practice to avoide disputes?
- Good management
- Clear contract documents
- Partnering and alliancing
- Good project management
- Good client management
- Good contractor management
- Good design team management
- Good payment practice
- Record keeping
- Regular reporting
What are the 3 pillars of dispute resolution according to RICS CADR
- Negotiation
- Mediation/concilliation
- Adjudication
What are the dispute resolution options/techniques according to RICS CADR
- Negotiation
- Mediation/concilliation
- Expert witness
- Adjudication
- Arbitration
- Litigation
- Dispute board
What does ADR stand for (and can stand for) as written in RICS CADR
Alternative or Appropriate Dispute Resolution
How can you avoide disputes (in a Contract context)
- include amendments in the tender, with enough time to discuss them
- Sign it as soon as possible
- Include a complete list of specifications and drawings
Why is partnering a good way to avoid disputes?
Firms are open and honest about their actions/any issues, and manage and share resources in order to hit a common goal or objective
What are the two types of negotiation?
Competitive and Principled
What is competitive negotiation?
Where you begin with a low-ball offer, looking to work towards a middle ground whilst adding in more and more benefits
What is principle negotiation?
Where you collaborate on an issue, see what the problem is, what effects it has had, and what solutions can be thought up with mutual benefits
Who came up with principle negotiation
Fisher and Ury
What is the court that deals with construction disputes
Technology and construction court
