Conflict Avoidance

Question 1

Name different types of ADR

Answer 1

• Mediation
• Conciliation
• Negotiation

Question 2

Name some formal methods of dispute resolution

Answer 2

• Arbitration
• Litigation
• Adjudication

Question 3

What would you consider when selecting a form of dispute resolution

Answer 3

• Cost Vs. Reward
• Time scales
• Impact on reputation and relationships

Question 4

What is conciliation

Answer 4

• Dispute resolution
• Similar to mediation
• 3rd party
• Councilor has no authority to seek evidence
• Councilors cannot make binding decisions
• Primary role is messenger and promote diplomacy

Question 5

What is mediation

Answer 5

• ADR
• 3rd party to guide a decision
• Try to aid coming together of parties as opposed to acting as a messenger

Question 6

What is dispute resolution

Answer 6

Action and processed taken to resolve contractual disagreements between parties

Question 7

What is negotiation

Answer 7

• Negotiation is where the parties reach an agreement through an informal private or facilitated discussion.
• Both parties will agree to settle the dispute either at a high level or in detail and agree to be bound by this settlement.

Question 8

What is adjudication

Answer 8

• Adjudication is a statutory form of dispute resolution
• It is a relatively simple and efficient method of resolving disputes without engaging in lengthy and expensive court proceedings.
• Adjudication relies on an independent third party who considers the claims of both parties.
• A binding decision is made by the adjudicator which can be appealed either through litigation or arbitration.
• It has the advantage of being time sensitive with a decision being made within 28 days.

Question 9

Please explain your understanding of the arbitration process

Answer 9

• Arbitration is a procedure for the resolution of disputes which is under the control of the parties.
• Certain conditions must be met for example a genuine dispute or difference between the parties must have occurred with an award being capable of enforcement.
• A binding agreement must be reached to escalate the matter to arbitration.
• The proceedings are undertaken in a private setting meaning the reputations of both parties can be preserved to an extent.

Question 10

Bruce Tuckman theory

Answer 10

• Forming - Formed
• Storming - Conflict
• Norming - Cohesion
• Performing - Success