Conflict avoidance Flashcards

Question 1

Q

Under JCT, how long does an adjudicator have to make his award?

Answer

A

28 days from referral notice, can be extended to 42 if both parties agree

Question 2

Q

How do you avoid conflict on a project?

Answer

A

Ensure information is clear.

Try a people first negotiation if there is a dispute before going legal

Go legal as last resort

Question 3

Q

Difference between mediation and conciliation?

Answer

A

Mediation- aims to help parties reach agreement

Conciliation- creates a settlement proposal

Question 4

Q

What is ADR?

Answer

A

Alternative dispute resolution

Any form of dispute resolution that is not litigation or arbitration

Decision is made by experts not judges

Question 5

Q

What are types of ADR?

Answer

A

Negotiation
Mediation
Conciliation
Adjudication
Litigation
Arbitration

Question 6

Q

What are the civil procedure rules?

Answer

A

Improvement to the legal system making it quicker, easier and cheaper to understand through ADR

Question 7

Q

What dispute resolution is named in your contract?

Answer

A

Adjudication

Question 8

Q

What do you understand by statutory?

Answer

A

Statutory law is set down by legislate

Question 9

Q

How would you negotiate something?

Answer

A

1- Prepare your point
2- Know my bottom line
3- Focus on big picture
4- Negotiate a win win
5- Never accept the first offer
6- Negotiate small deals before the big ones

Question 10

Q

What is the adjudication process?

Answer

A

Notification of adjudication from one party to another
Parties have 7 days to appoint adjudicator
Adjudicator will review, make decision within 28 days (can be extended to 42)
Adjudicator doesn’t have power to award costs unless agreed by parties

Question 11

Q

What is litigation?

Answer

A

Legal action takes place in Construction and Technology court

Question 12

Q

What is arbitration?

Answer

A

Arbitrator settles disputes

- Judicial decision of a dispute by a third party

Question 13

Q

What is the arbitration process?

Answer

A

Arbitration body must be notified who will appoint arbitrator
Each side presents their version with evidence
Arbitrator will determine fair and just decision
Difficult to appeal an arbitration; only if there is bias, corruption or they exceeded their power.

Question 14

Q

What is a dispute board?

Answer

A

Group assigned to project from inception, they are there to prevent disputes.
Normally on big jobs

Question 15

Q

How do you agree a final account?

Answer

A

Negotiate smaller items first and get them agreed
Move onto larger items and back up stance with evidence, for a win/win situation.
Follow up meeting with confirmation email and final account statement to get signed.

Question 16

Q

Why can disputes occur?

Answer

Study These Flashcards

A

Poor performance of parties
Un-controlled change
Inadequate contract info
payment issues
Inappropriate procurement
Starting works before design and contract finalised.

Question 17

Q

How are disputes avoided?

Answer

Study These Flashcards

A

Robust tender info
Controlled change
Appropriate financing
Good project management

Question 18

Q

What are the types of dispute resolution?

Answer

Study These Flashcards

A

Negotiation
Mediation and Conciliation
Expert determination
Adjudication
Arbitration

Question 19

Q

Difference between adjudication and arbitration?

Answer

Study These Flashcards

A

Parties are entitled to adjudication under English law even if not stated in the contract
Arbitration is an alternative to litigation
Adjudication is confidential
Arbitration can be confidential if agreed by both parties