Dispute Resolution

Question 1

Name some alternative dispute resolution techniques.

Answer 1

Meidation
Conciliation
Negotiation

Question 2

What are some dispute resolution techniques (legally binding)

Answer 2

Arbitration
Litigation
Adjudication

Question 3

What would you consider prior to selecting a form of dispute resolution?

Answer 3

• Cost proportionate to the claim being sort
• Timescales
• Impact on relationships and reputation

Question 4

What is conciliation?

Answer 4

Independant third part used to aid reaching an agreement.
- Conciliator can’t seek evidence or call witnesses
- Conciliators cant make legally binding decisions
- Conciliator acts as a messenger and encourages diplomacy

Question 5

What is mediation?

Answer 5

Form of ADR where impartial third party is brought in to mediate and guide discussions.
- Mediator encourages parties to come together to reach a decision rather than act as a messenger

Question 6

What does dispute resolution mean?

Answer 6

Actions and processes taken to resolve contractual disagreements between parties

Question 7

What is negotiation?

Answer 7

When parties reach an agreement through an informal private or facilitated discussion
Parties agree to settle a dispute either at a high level or in detail and agree to be bound by it

Question 8

What is your most successful negotiation?

Question 9

What would indicate the success of a negotiation on a final account?

Answer 9

Both parties are satisfied with the outcome and feel a fair and reasonable compromise was reached.
Long term relationships should be maintained

Question 10

What is adjudication?

Answer 10

Statutory form of dispute resolution in the UK
Independant party considers both sides of a dispute and a binding decision is made by the adjudicator
Decision can be appealed to litigation or arbitration

Question 11

How long does it take for a decision to be reached in adjudication?

Answer 11

28 days

Question 12

What enforces the requirement for building contracts to contain a provision for adjudication?

Answer 12

Housing Grants, Construction and Regeneration Act 1996 (Construction Act)

Question 13

What if a building contract does not have provisions for adjudication?

Answer 13

Parties still have the statutory right assuming the contract qualifies under the construction act
Failing this the scheme for construction contracts will apply

Question 14

Explain your understanding of the arbitration process.

Answer 14

• Procedure for the resolution of disputes which is under the control of the parties
• Certain conditions must be met e.g. genuine dispute between parties occurred with an award being capable of enforcement
• Binding agreement must be reached to escalate to arbitration
• Carried out privately to ensure reputations aren’t damaged

Question 15

Explain the differences between arbitration and litigation.

Answer 15

• Litigation is in court and is a public process
• Arbitration is governed by the Arbitration Act 1996
• Arbitration has a lot of discretion