Conflict Avoidance Management And Dispute Resolution

Question 1

What order would you carry out the dispute resolution procedures

Answer 1

1. Negotiation
2. Mediation
3. Adjudication
4. Arbitration/ litigation

Question 2

What is negotiation in dispute resolution

Answer 2

Resolving differences between the parties informally

Question 3

What’s mediation

Answer 3

The parties appoint an impartial mediator to provide their judgement in private to each party

Question 4

What’s adjudication

Answer 4

An adjudicator is appointment to review the case. The adjudicators decision is binding unless arbitration/ litigation is required

Question 5

What’s arbitration

Answer 5

The arbitrator is appointed to make a final binding decision privately (not in court)

Question 6

What’s litigation

Answer 6

A final binding decision is made in courts

Question 7

The construction act gives every contract the right to what

Answer 7

Adjudication

Question 8

How long does the adjudicator have to make a decision

Answer 8

28 days from that date of their appointment

Question 9

Benefits of adjudication

Answer 9

Quick - decision within 28 days of appointment

Allows disputes to be resolved as and when they arise which avoids unnecessary tensions and costs between parties

Question 10

Who can refer a dispute to adjudication and when can they do it

Answer 10

Any party to a contract

Any time

Question 11

How can you apply for the nomination of an adjudicator under the construction act

Answer 11

Apply via the RICS application form

Question 12

Outline the adjudication timeframe

Answer 12

Party making the claim issues a notice of adjudication

Within 7 days parties agree an adjudicator

7-14 days the responding party issues their response

Adjudicator makes decision within 28 days of appointment