Sams Conflict Avoidence Flashcards
How do you avoid conflict in the first instance
State in tender documents exactly what is required
Effective communication throughout the project
Follow RICS Standards
Follow company procedures
In your opinion what causes most disputes
Commercial aspects
Unclear drawings or specifications
Unclear scope of service
insufficient detail
Teams under pressure
What is dispute resolution
a term that refers to several processes that can be used to resolve a conflict
What are the main forms of ADR
ADR - Alternative dispute resolution
Main forms are
- Negotiation
- Mediation
- Adjudication
What is mediation
a third party is appointed to facilitate discussions between the parties with the goal of reaching a settlement.
Power remains with the parties , but the process is led by the mediator.
Process is non binding
What is negotiation
Process where the parties work out between them how to resolve issues that have arisen
end when both parties come to an agreement
suitable for simple matters
requires cooperation.
Whats the difference between concilliation and mediation
mediation : Mediator is a facilitator
Concilliation : Concilliator prepares a recomendation which sets out the solution.
What is adjudication
A way to solve construction disputes more cost effectively than through arbitration a nd litigation
What is the adjudication timeframes
once a notice has been issued to the other party
Within 7 days of issuing the notice , the referring party must serve its referrel statement of case
They must also secure an adjudicator within that 7 day period.
The adjudicator has 28 days to to make a decision.
Is the adjudication process binding
It will be binding unless the adjudicator acted outside their jurisdiction.
What if a building contract does not contain provisions for adjudication
its a legal right when the construction act came into force.
What is arbitration
Essentially a lawsuit without the courts.
Parties agree to submit their dispute to arbitration rather than pursue a lawsuit in court
Parties agreement gives the arbitrator the power to issue a decision
What are the advantages of arbitration
- Process is private
quicker compared to litigation - The arbitrators award can be enforced as a judgement of the court .
What are the disadvantages of arbitration
- Parties must bear costs of arbitrator and venue
- Limited appeal rights
could be uneconomical if the amount of money involved is modest.
What is litigation
involves parties commencing claims in court
