Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

RICS APC > Conflict Avoidance > Flashcards

Conflict Avoidance Flashcards

1
Q

What is the best way to avoid conflict?

A
  1. Good Management
  2. Clear Contract Documentation
  3. Partnering and Alliancing
  4. Good Project Management
  5. Good Client Management
  6. Good Design Team Management
  7. Good Payment Practice
  8. Record Keeping
  9. Regular Reporting
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How do you get unambiguous contracts?

A

Ensure provisions within the contract do not conflict or have more than one meaning. The best way to avoid this would to be to use unamended standard forms.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

If you noted that there were ambiguities what would you do?

A

I would raise this with the Pre-Contracts Director in my company who would deal with it appropriately.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How does record keeping avoid conflict?

A

Good record keeping on site, for example; daily site diary, change control, procurement records and monthly progress reports can all aid in resolving a dispute quickly if one arises.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How do engender cooperation?

A
  1. Separating people from the problem
  2. Focusing on interests rather than positions
  3. Generating a variety of options before settling on an agreement
  4. Insisting that the agreement be based on objective criteria
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What do you understand by the term ADR?

A

ADR means Alternative Dispute Resolution and encourages parties to settle disputes outside of court.
It is cheaper, quicker and keeps courts free.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the different ADR processes?

A

adjudication
mediation
arbitration and
expert determination.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the principal differences between them?

A

Meditation - no legally biding decision
Adjudication - temporarily binding, quick, cheaper than arbitration
Arbitration - legally binding
Expert Determination - resolved by 1 individual who is selected before a dispute and is legally binding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Which ones are binding?

A

Adjudication - binding if accepted
Arbitration
Dispute Resolution Boards
Independent Expert Determination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Can you give me some examples of good practice associated with conflict avoidance?

A
  1. Communication between parties
  2. Ensure contract is correct and contains no ambiguous terms
  3. Put everything in writing
  4. Follow company procedures
  5. Follow RICS guidance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What dispute resolution techniques are available in construction?

A
  1. Negotiation
  2. Mediation of Conciliation
  3. Expert Determination
  4. Adjudication
  5. Arbitration
  6. Litigation
  7. Dispute Boards
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What court in the UK deals with construction related litigation?

A

The TCC - Technology and Construction Court
Cases usually in value of 250k plus

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is Negotiation?

A

Negotiation is problem solving between parties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is Mediation/Conciliation?

A

Mediation and Conciliation introduces a 3rd party to help aid discussions and reach an agreement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is Adjudication?

A

Adjudication - outcome is decided by a 3rd party who imposes a temporary binding decision on the parties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are dispute resolution boards?

A

A board of individuals who are appointed before dispute arises, they become familiar with the project and can issue binding decisions on the parties.

17
Q

What are dispute resolution advisors?

A

Advisors work the same way as dispute resolution boards, however, they issue recommendations to the parties.

18
Q

What is Independent Expert Determination?

A

Parties agree a 3rd party will make a decision for them. Decisions are final and it not possible to appeal.

19
Q

What is arbitration?

A
  1. Arbitration Act 1996
  2. A lawsuit with no court involvement
  3. Arbitrator makes a legally binding decision but it is private
  4. Limited appeal rights
20
Q

What is litigation?

A
  1. Expensive
  2. Court is involved
  3. Can summon witnesses
  4. Can involve 3rd parties
  5. Legally binding
  6. In public domain
21
Q

What is the difference between arbitration and adjudication?

A
  1. Arbitration is legally binding
  2. Adjudication is quicker and cheaper
  3. Arbitration can use expert witnesses
  4. Adjudication (both parties are liable for fees)
  5. Arbitration losing party pays the fees
22
Q

What legal framework does adjudication / arbitration operate within?

A
  1. Adjudication - HGCRA 1996
  2. Arbitration Act 1996
23
Q

What is the difference between Mediation and Conciliation

A
  1. Mediator encourages an agreement
  2. Conciliation prepares a ‘recommendation’ which sets out a solution to the dispute
24
Q

What is an expert witness?

A

An expert witness is a individual who has knowledge in a particular field which could help a court understand the issue before a decision is reached.

25
Q

Please can you describe the time frame for adjudication?

A
  1. Either party can issue an intention to refer dispute to an adjudicator
  2. The party referring a dispute must provide its case to the other party within 7 days
  3. Within 7 days the referring party must appoint an adjudicator
  4. Adjudicator must make a decision in 28 days
26
Q

Can the 28 days be extended?

A

Yes, to 42 is agreed by both parties.

RICS APC (24 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions