6 - Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards

Question

What is the conflict avoidance pledge CAP ?

Answer 1

The conflict avoidance pledge (CAP) has been developed by a coalition of professional and industry bodies, and demonstrates commitment to conflict avoidance and the use of amicable resolution procedures to deal with emerging disputes at an early stage.

Answer 2

Five of the UKs leading professional bodies for construction and engineering have joined together to help the industry reduce the costs of conflict, and deliver major infrastructure and property development projects on time and on budget.

Answer 3

The Arbitration Act 1996

Answer 4

The scheme was underpinned by statue in 2007 (estate agents) and 2014 (letting and managing agents) and approved by the UK government to help consumers settle their disputes with property businesses such as estate agents, letting agents and property management agents.

Answer 5

That it cannot be used as evidence in court proceeding or criminal proceedings.

Answer 6

Relating to a mechanism allowing a party in arbitration to see a file of the other party.

Answer 7

* Clear communication * Proactive management * Risk management * Good management skills * Good payment practices * Record keeping * Regular reporting * Taking meeting minutes and agreeing actions

Answer 8

The Housing Grants, Construction and Regeneration Act 1996 (The Construction Act) stipulates: • All contracts should allow for adjudication and should follow the adjudication procedure • Any party is permitted to refer the dispute to adjudication

Answer 9

If the contract qualifies under the The Housing Grants, Construction and Regeneration Act 1996 (The Construction Act), both parties have a statutory right to adjudication. If it does not qualify, then the Scheme for Construction Contracts applies.

Answer 10

It is a secondary piece of legislation put into contracts upon failure of compliance of the construction act. It sets out a procedure for the appointment of the adjudicator and conduct of adjudication.

Answer 11

* Claim notified or received – what is the issue, who is involved? * Initial response and planning – what is your stance? What are your aims and what can you compromise on? * Prepare to meet – detailed planning, negotiation of team selection and roles.

Answer 12

Someone with specialist skills, knowledge, or experience who testifies in court about what s/he believes has happened in a certain case based on those specialist skills, knowledge or experience.

Answer 13

The courts

Answer 14

To provide independent, impartial, and unbiased evidence to the court or tribunal.

Answer 15

There must be a “due date” for each payment; there must be a “final date” for each payment; the contract must require a “payment notice” to be given within 5 days of the due date, stating what is to be paid and the basis on which it is calculated – this can be a duty of the payer or the payee.

Answer 16

Parties have the statutory right to adjudication assuming the contract qualifies under the construction act. The Scheme for construction contracts will apply in its entirely.

Answer 17

The Housing grants, Construction and Regeneration Act 1996. (so called Construction Act)

Answer 18

* The right to be paid in interim, periodic or stage payments * The right to be informed of the amount due, or any amounts to be withheld * The right to suspend performance for non-payment * The right to adjudication * Disallowing pay when paid clauses

Answer 19

It allowed for verbal contracts to be protected by the same rights to adjudication.

Answer 20

* The right to be paid in interim, periodic or stage payments * The right to be informed of the amount due, or any amounts to be withheld * The right to suspend performance for non-payment * The right to adjudication * Disallowing pay when paid clauses

Answer 21

* Ensure that the tender information is clear, concise when tendering the project. i.e. a clear scope of works. * If there is a dispute, use a people approach first and try to negotiate an agreement.

Answer 22

* The cost in proportion to the claim * The timescales involved * The impact on business relationships and reputation

Answer 23

Both parties come away happy, both parties feel that negotiations were handled in affair and reasonable manner and costs are agreed within cost report budgets.

Answer 24

Technology and construction courts, nothing less than £250,000.

Answer 25

* The ADR mechanism must be well established * The ADR mechanism must be independent of the firm or valuer * The ADR mechanism must use a transparent, accountable and consistent decision-making process

Answer 26

Disjointed teams Communication can come across negative in email Less cohesiveness.

Answer 27

Housing Grants Construction Regeneration Act 1996.

Answer 28

Actions to resolve contractual disagreements between parties.

Answer 29

The parties agree by a contract that a third party will make a binding decision on them. In most cases, the decision is final and un-appealable.

Answer 30

* Conflict avoidance processes * Three pillars of dispute resolution * Dispute resolution techniques * ADR * Standard form contracts * Conflict Avoidance * Dispute Resolution Procedures * Dispute Escalation Clauses * Interim Valuations and Claims

Answer 31

RICS Dispute Resolution Service (DRS) is the worlds oldest and largest provider of alternative dispute resolution (ADR) services in the land, property and construction industries. Over the last four decades, DRS has appointed dispute resolvers in nearly a quarter of a million cases. Internationally, DRS resolves around $2 billion US dollars worth of disputes every year keeping these cases out of the courts.

Answer 32

The best way is to keep communication clear and constant so that all parties understand what it is that is going on and when there is a dispute, it can be effectively addressed in a fair way.

Answer 33

When an conflict of interest has been highlighted to a client who understand and still wants to progress .

Answer 34

When a duty to act on behalf of one party is compromised or potentially compromised by the duty to act on behalf of another party which having competing interests

Answer 35

* Party Conflict – working on the same project/instruction but for two separate clients * Own Interest – when the duty to act on behalf of a client is compromised by your own personal interests. * Confidential information conflict – when you have a duty to present information to one client but have a duty to another client to keep that information confidential.

Answer 36

A measure put I place as a result of a conflict on interest, to reduce the passing or access of information from within an organisation.

Answer 37

Collate all the job details and check with colleagues and the system files if there are any competing clients. If there is a conflict, it should be disclosed to the clients and get their approval before proceeding.

Answer 38

If you act for a family or friend or have a personal interest in a matter.

Answer 39

* Conflict avoidance is a person's method of reacting to conflict, which attempts to avoid directly confronting the issue at hand. * Conflict management is the process of limiting the negative aspects of conflict while increasing the positive aspects of conflict

Answer 40

Dialogue to reach an agreement that satisfies both parties. The parties work between themselves to resolve the issue and to reach an agreement. ``` Advantages • Informal • Non adversarial – can help relationships • Private and usually quick • Usually inexpensive • Flexible, parties retain control. ``` Disadvantages • The compromise may not fully resolve the issue • Some wary of disclosing too much information. • Generally non-binding • Costs may not be recoverable

Answer 41

I will always familiarise myself before the negotiation with what is being negotiated. This will allow me to better understand my own argument, help me to pre-empt their argument/responses and allow me to better portray my point.

Answer 42

Parties may through an informal private or facilitated negotiation process agree to settle the dispute either at a high level or in detail and agree to be bound by this settlement

Answer 43

Negotiations carried out with the assistance of an impartial 3rd party person who has no power to impose an outcome. The mediators role is to facilitate a decision. When an agreement has been found, the parties can sign a document to the agreement. ``` Advantages • Similar to negotiation but benefit of an impartial member • Non adversarial • Voluntary • Quick • Usually inexpensive • Flexible as parties retain control • Mediator can make the decision if parties agree ``` * Mediator does not state specialist advice * Can be subject to delaying tactics * Costs may not be recoverable if no settlement is reached.

Answer 44

Disputing parties agree on a third party, independent body to facilitate discussion between them. Power to settle rests with parties but mediator will lead the process

Answer 45

Dispute resolution similar to mediation. Independent party to aid an agreement. Conciliator has no authority to seek evidence or call witnesses. Conciliators do not make decisions.

Answer 46

Similar to mediation but the goal is to reconcile through concessions. Mediation guides the parties to discussion whereas a conciliator would provide suggestions to resolutions. Parties rarely meet together, only with conciliator.

Answer 47

• Dispute resolution similar to mediation • Independent party to aid an agreement • Conciliator has no authority to seek evidence or call witnesses • Conciliators do not make decisions • A conciliator will normally be there to encourage the two sides to come to an agreement between themselves, whereas a mediator will often suggest their own solution

Answer 48

Private contractual from of dispute resolution. A 3rd party arbitrator or panel selected by the parties in dispute forms a decision based on material facts, documents and principles of law. The decision is legally binding and has limited rights of appeal. Legal costs are normally awarded to the successful party. It commences with a notice to concur which provides for agreement of appointment failing which, an arbitrator is appointed by a nominating body. Three procedures: Documents only – 30 days, short hearing – 30 days, full procedure – no time limit. Advantages • Governed by Arbitration Act 1996 • Private • Arbitrator is usually experienced in the field • Consensual in that the parties can decide timings etc. • Can call on witnesses • Outcome can amend the contract Disadvantages • Expensive • Can only be appealed on point of law/jurisdiction

Answer 49

Private contractual form of dispute resolution. Independent Arbitrator is selected and forms an opinion based on facts, documents and principles of law. Decision is legally binding with limited lights of appeal. Can take 30 days for documents only hearing but the full procedure does not have a timeframe. It is good as the arbitrator is usually an expert and you can call on witnesses and both parties can agree on the timings.

Answer 50

* (3rd party arbitrator or panel) * The contract between disputing parties must contain written agreement to arbitrate * Covered by the Arbitration Act 1996 * Binding and enforceable through courts

Answer 51

For arbitration to apply, the contract between the parties must contain a written agreement to arbitrate. Where it applies the parties might choose to refer to or incorporate an arbitration procedure, such as the Construction Industry Model Arbitration Rules. Alternatively, the arbitration can simply be covered by the applicable legislation, such as the Arbitration Act 1996.

Answer 52

A private, judicial determination by An independent third party. to arbitrate, A written agreement to do so must be in the contract. I.e. more akin to construction contract disputes.- It is A binding decision which is An alternative to litigation.

Answer 53

An expert in their own right, who acts fairly and impartially to reach a decision.

Answer 54

* Arbitration is a procedure for the resolution of disputes which is under the control of the parties. * Certain conditions must be met: a genuine dispute or difference between the parties (award must be capable of enforcement). Binding agreement to submit to arbitration * in contract. Private. * Three available procedures: Documents only (30 days), short hearing (30 days) and full procedure (long).

Answer 55

* The use of an Arbitrator to settle disputes | * It is a private, judicial determination of a dispute by an independent third party.

Answer 56

An expert in their own right, who acts fairly and impartially to reach a decision.

Answer 57

* The appointed Arbitration body must be notified, and they will appoint an Arbitrator. * The main hearing will be held, whereby each side will present their version of the conflict, along with their evidence. * The arbitrator will hen base their decision on what they believe to be fair and just, as they are not required to follow the law or reasoning of earlier case decisions. * It is very difficult to appeal an Arbitration, they can only be appealed if it can be proved that the arbitrator was:Corrupt.Bias.Arbitrator exceeded their power.

Answer 58

Yhe process is cheaper, it is confidential, less formal than the courts.

Answer 59

Adhoc, short hearing and document only,

Answer 60

Contractual procedure for ADR. Provided by a 3rd party adjudicator selected by the parties in dispute. The adjudicator is either named in the contract or the parties agree to a nominating body. Adjudication is subject to a strict timeline and the decision is based purely on documentary submission rather than investigating facts himself. The decision is binding unless revised by arbitration or litigation. The award of costs is as the discretion of the adjudicator unless stated otherwise in the contract. Can take up to 28 days. ``` Advantages • Private • Statutory Right • Adjudicator forms an impartial outcome based on the submission. • Decision within 28 days • Legally binding • Relatively flexible • Both parties are shown opposing evidence. ``` Disadvantages • Each party bears their own costs • Adversarial

Answer 61

Yes, that party can then proceed to litigation or arbitration.

Answer 62

It is either specifically named in the contract particulars or nominated by the nominating body listed in the contract particulars.

Answer 63

Contractual procedure of dispute resolution. The decision is made by an independent 3rd party adjudicator based on the documents submitted. The decision is binding but can be overturned by arbitration or litigation.

Answer 64

It is the right to adjudication that is granted to all parties of a construction contract under the Housing Grants Construction and Regeneration Act 1996.

Answer 65

Contractual procedure of dispute resolution. The decision is made by an independent 3rd party adjudicator based on the documents submitted. The decision is binding but can be overturned by arbitration or litigation.

Answer 66

UK statutory dispute resolution procedure Relatively quick process from submission of referral Binding until dispute determined by litigation or arbitration Seen as simplified arbitration process.

Answer 67

* (Parties agree by contract to appoint a 3rd party adjudicator)(JCT) * Party issues notice of dispute * Adjudicator appointed in 7 days * Adjudicator has 28 days to issue decision * Introduced under 'Housing Grants, Construction & Regeneration Act 1996 * Can be overturned by Arbitration of Litigation * Binding and enforceable in the TCC (Technology and Construction Court)

Answer 68

* UK statutory dispute resolution procedure * Relatively quick process from submission of referral * Binding until dispute determined by litigation or arbitration * Seen as simplified arbitration process.

Answer 69

* Adjudication under section 108 of the Housing Grants, Construction and Regeneration Act 1996 (HGRCA) was introduced in May 1998. * The Local Democracy, Economic Development and Construction Act 2009 and the updated Scheme will revise some aspects of the adjudication process. * It has been widely used in the construction industry and applies not only to building contracts but also to professional appointments. * If the Act applies to a contract then either party may request the appointment of an adjudicator to be made within seven days observing a Notice of Dispute, and the adjudicator has 28 days from issue of the Referral within which to issue a decision. * That decision will bind the parties and in most cases be readily enforceable in the Technology and Construction Court (TCC). * The TCC is the part of the High Court that deals with construction related litigation.

Answer 70

* Notification of Adjudication from one party to another. * From receipt of notification, parties have up to 7 days to appoint the adjudicator. * Adjudicator will review parties cases, and make their decision within 28 days. (This can be extended to 42 days) * The adjudicator does not have the power to award costs, unless the parties agree to grant him this power.

Answer 71

Can take up to 28 days to complete, this can be extended to 42 days with agreement from both parties.

Answer 72

* Adjudication decisions are binding unless and until they are revised by subsequent arbitration or litigation after practical completion, or by agreement between the parties (hence the term 'pay now argue later'). * There is no right of appeal and limited right to resist enforcement. * Generally, adjudicators do not have the power to award costs (other than their own fees and expenses). * Adjudication must adhere to strict timescales and typically takes up to 28 days.

Answer 73

28 days from issue of the referral notice, but this can be extended to 42 if both parties agree.

Answer 74

Can take up to 28 days to complete.

Answer 75

* Evaluative | * Facilitive

Answer 76

Lawsuit within a court of law. Advantages • Binding but can be appealed • Can deal with several claims at once ``` Disadvantages • Adversarial and formal • Publicly exposed • Expensive • No influence over choice of judge or hearing details ```

Answer 77

Litigation is the process of taking legal action, i.e. in the construction industry, it will typically be taken to the Construction and Technology Court(TCC).

Answer 78

* Legal action in court * Not confidential * Lengthy and costly * Can be appealed

Answer 79

The courts have inherent jurisdiction to hear a dispute in respect of just about anything. Ianthe absence of any other procedure, the parties will have a right to refer their matter to an appropriate court. The procedure is governed by the Civil Procedure Rules, and the nature, complexity and value of the dispute will determine which court will hear a particular dispute. Courts have the widest jurisdiction and in addition to determining disputes and declarations, they can also issue Charging Orders, summon witnesses and involve the third parties in the dispute as necessary

Answer 80

Litigation allows you to bring multiple disputes to the table to be heard and can bring unwilling parties in.

Answer 81

Litigation is more adversarial but allows you to address multiple disputes whereas arbitration only allows you to handle one dispute at a time. Litigation also only requires one parties consent to proceed. Litigation does not have a maximum time frame to resolve the issue. The Arbitrator is also predetermined in the contract whereas you do not get a choice of the judge assigned.

Answer 82

* Arbitration: procedures governed by Arbitration Act 1996 * In order to arbitrate there must be an agreement by both parties. Parties have a wide degree of discretion as to way proceedings conducted. Procedure similar to litigation with formal submission by parties, expert evidence, hearings and decision by arbitrator * Advantages are that it is a private process, parties have flexibility, arbitration awards, generally easier to enforce * 3 types: short hearing (1 month), documents only (1 month) and full procedure. * Litigation: Presentation of arguments in court. Public process following Civil Procedure Rules * Advantages: Parties do not pay for court or judge, process can deal with multi-party disputes, civil procedure rules aim for accessibility, speed and efficiency.

Answer 83

* Mediation is a voluntary procedure, which involves the appointment of a third party mediator, who will help to facilitate negotiations between parties. Them aim of mediation is to help the parties reach an amicable agreement. * Conciliation is also a voluntary procedure, which involves the appointment of a third party Conciliator. The role of the conciliator is to also facilitate negations, however the Conciliator will create a settlement proposal.

Answer 84

* The mediator is a neutral party who helps parties to rebuild business relationships and help them to work out a solution that is mutually agreeable * There parties are directly engaged in the discussions. It is non-binding and parties can revert to arbitration or litigation at any time * Conciliation has the same aims than mediation but the processes are different. * The conciliator is usually a figure of authority that the parties have turned to for guidance. * The conciliator makes suggestions and the parties make the final decisions

Answer 85

* Arbitration: procedures governed by Arbitration Act 1996 * In order to arbitrate there must be an agreement by both parties. * Parties have a wide degree of discretion as to way proceedings conducted. * Procedure similar to litigation with formal submission by parties, expert evidence, hearings and decision by arbitrator * Advantages are that it is a private process, parties have flexibility, arbitration awards generally easier to enforce * 3 types: short hearing (1 month), documents only (1 month) and full procedure. * Litigation: Presentation of arguments in court. * Public process following Civil Procedure Rules * Advantages: Parties do not pay for court or judge, process can deal with multi party disputes, civil procedure rules aim for accessibility, speed and efficiency.

Answer 86

* Litigation is more adversarial but allows you to address multiple disputes whereas arbitration only allows you to handle one dispute at a time. * Litigation also only requires one parties consent to proceed. * Litigation does not have a maximum time frame to resolve the issue. * The Arbitrator is also predetermined in the contract whereas you do not get a choice of the judge assigned.

Answer 87

* The mediator is a neutral party who help parties to rebuild business relationships and help them to work out a solution that is mutually agreeable * There parties are directly engaged in the discussions * It is non-binding and parties can revert to arbitration or litigation at any time * Conciliation has the same aims than mediation but the processes are different * The conciliator is usually a figure of authority that the parties have turned to for guidance * The conciliator makes suggestions and the parties make the final decisions

Answer 88

* Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case * In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties to the dispute

Answer 89

* Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case * The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel * The arbitrators decision, known as an award, is legally binding and can be enforced through the courts * Normally, there is no appeal, however there are exceptions in which appeals may be accepted * In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties to the dispute * Adjudication decisions are binding unless and until they are revised by subsequent arbitration or litigation after practical completion, or by agreement between the parties (hence the term 'pay now argue later') * There is no right of appeal and limited right to resist enforcement * Generally, adjudicators do not have the power to award costs (other than their own fees and expenses) * Adjudication must adhere to strict timescales and typically takes up to 28 days

Answer 90

* The mediator is a neutral party who help parties to rebuild business relationships and help them to work out a solution that is mutually agreeable * There parties are directly engaged in the discussions * It is non-binding and parties can revert to arbitration or litigation at any time * Conciliation has the same aims than mediation but the processes are different * The conciliator is usually a figure of authority that the parties have turned to for guidance * The conciliator makes suggestions and the parties make the final decisions.

Answer 91

* Arbitration is more private * You get control over the arbitrator and the duration. * The arbitrator can amend the contract * Arbitration deals with any disputes arising out of or in connection with the contract.

Answer 92

* Multiple but separate disputes can be heard under the same case. * On a statutory basis, can bring unwilling parties into litigation

Answer 93

* Litigation is more adversarial but allows you to address multiple disputes whereas arbitration only allows you to handle one dispute at a time * Litigation also only requires one parties consent to proceed * Litigation does not have a maximum time frame to resolve the issue * The Arbitrator is also predetermined in the contract whereas you do not get a choice of the judge assigned

Answer 94

* RICS Dispute Resolution Service (DRS) is the worlds oldest and largest provider of alternative dispute resolution (ADR) services in the land, property and construction industries. * Over the last four decades, DRS has appointed dispute resolvers in nearly a quarter of a million cases. * Internationally, DRS resolves around $2 billion US dollars worth of disputes every year keeping these cases out of the courts.

Answer 95

* Court case in 2001 * Babb had carried out a valuation as an employee of a company for a house purchased by Merrett * Valuation later found to be negligent * The original company no longer existed * Court ruled Merrett could pursue the individual – Babb – for the losses * Big shock in the industry

Answer 96

Negotiation, mediation, Third party/Adjudicative

Answer 97

The Technology and Construction Court deals specifically with disputes arising in respect of construction and engineering work

Answer 98

Yes this can be enfroceed via the TCC. The successful party in the adjudication (claimant) should apply to the Technology and Construction Court (TCC) to enforce an adjudicator's decision.

Answer 99

Adjudication • From the HGCRA 1996 • Adjudicator appointed within 7 days • Fixed 28 process that can be extended to 42 days be agreement from both sides • Binding • Intended by quicker and cheaper than arbitration • Adjudicator nominated from the RICS ``` Arbitration • From the Arbitration act 1996 • Bindings • Different types = docs only, short, 100 days and full hearing • Private tribunal ```

Answer 100

* Independent party agreed to facilitate discussion * Voluntary process * Private session with each party * Not bindings * Confidential and without prejudice * Fastest and cheaper * Fees paid by both sides

Answer 101

RICS Dispute Resolution Service (DRS) is the world’s oldest and largest provider of alternative dispute resolution (ADR) services in the land, property and construction industries

Answer 102

The most common types of ADR are : • Mediation/Conciliation • Arbitration • Adjudication.

Answer 103

• Mediation Mediation involves an independent trained mediator who facilitates communication between the two parties having the dispute, with the aim of achieving a settlement or resolution. The mediator will discuss the issues and try to help the parties reach an agreement, but will generally not offer their own opinions or assessment. • Conciliation Conciliation is generally used for employment situations rather than commercial disputes. Conciliation is a compulsory process before an individual wishes to bring a claim to the Employment Tribunal. The conciliator will discuss the issues and try to help the parties reach an agreement, often providing their own opinion after assessing the situation and the different arguments. Their opinion may help to form a settlement or achieve a conclusion to the dispute. • Arbitration This is more formal than mediation, and involves a process in which the dispute is resolved by the decision of an arbitrator (a nominated third party who is qualified to handle arbitration). The arbitration process can be particularly useful in disputes which require an understanding of technical knowledge and where privacy is important (eg to avoid disclosure of commercially sensitive information) or if there is an international element (i.e. to avoid multiple legal jurisdictions). It runs as a tribunal process and decisions are binding. Many contracts will contain an arbitration clause, which requires arbitration to be used in the case of a dispute. • Adjudication This form of ADR is generally reserved for disputes which arise out of construction contracts. It is a relatively formal process which involves: providing a written Notice of Adjudication which sets out the brief details of the dispute; appointment of an agreed adjudicator; serving a referral notice which sets out the dispute in detail by the aggrieved party; a response to this referral notice (essentially the defence); and finally a decision being reached by the adjudicator within 28 days of the referral notice. This decision is final and binding.

Answer 104

Factors or red flags that illude to the requirement for dispute resolution at a later stage

Answer 105

To ensure the client understand my involvement and fees in relation to the works.

Answer 106

The adjudicator is required to reach his decision within 28 days of service of the referral notice. This period can be extended by a further 14 days (42 total) if the referring party agrees, or can be further extended if both parties agree.

Answer 107

Though the nominating body - RICS as per the contract

Answer 108

Adjudication This form of ADR is generally reserved for disputes which arise out of construction contracts. It is a relatively formal process which involves: providing a written Notice of Adjudication which sets out the brief details of the dispute; appointment of an agreed adjudicator; serving a referral notice which sets out the dispute in detail by the aggrieved party; a response to this referral notice (essentially the defence); and finally a decision being reached by the adjudicator within 28 days of the referral notice. This decision is final and binding.

Answer 109

* Less formal * Cheaper * None binding * Easier to run and quicker

Answer 110

* Good record keeping * Defined contract document * Early warning systems * Regular site visits

Answer 111

For costs and reputational damage

Answer 112

* The right to adjudication * The right to staged payments and dates * The right to suspension for non-payment

Answer 113

Initially negotiations with the nominated parties in the contract, this can be escalated to adjudication and even arbitration (7.2)

Answer 114

Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrators decision, known as an award, is legally binding and can be enforced through the courts. Normally, there is no appeal, however there are exceptions in which appeals may be accepted. In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties to the dispute. Adjudication decisions are binding unless and until they are revised by subsequent arbitration or litigation after practical completion, or by agreement between the parties (hence the term 'pay now argue later'). There is no right of appeal and limited right to resist enforcement. Generally, adjudicators do not have the power to award costs (other than their own fees and expenses). Adjudication must adhere to strict timescales and typically takes up to 28 days.

6 - Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards

(139 cards)