Conflict Avoidance, Management & Dispute Resolution Procedures Level 1

Question 1

What is the best way to avoid conflict?

Answer 1

• clear tender and contract documentation
• continuous & effective communication between parties
• ensuring everything is documented in writing
• robust management from all aspects of the team
• following company procedures & protocols such as quality assurance
• partnering and alliancing

Question 2

How do you get unambiguous contracts?

Answer 2

• clearly stating in all contract documentation exactly what is required of parties
• ensuring there is no conflicting information

Question 3

If you noted that there were ambiguities in the contract what would you do?

Answer 3

1. Review the ambiguity
2. Seek clarification
3. Propose solutions
4. Monitor for ambiguities in future contracts

Question 4

How does record keeping avoid conflict?

Answer 4

• By ensuring any decisions / instructions are documented, it ensures there is written evidence to refer to should a conflict arise

Question 5

How do you engender cooperation?

Answer 5

• By ensuring roles are clearly defined and accompanied with their responsibility within the task at hand
• this improves the understanding of the task and people can come together to overcome challenges and create shared sollutions

Question 6

What do you understand by the term ADR?

Answer 6

ADR stands for Alternative Dispute Resolution. It refers to ways of resolving disputes without going to court.

Question 7

What are the different ADR processes?

Answer 7

• adjudication
• mediation
• arbitration
• expert determination

Question 8

What are the principal differences between the different ADR processes?

Answer 8

• Mediation - involves an independent 3rd party, not legally binding
• Adjudication - impartial 3rd party, legally binding
• Arbitration - parties agree to refer dispute to an arbitrator, more formal, similar to court proceedings but is confidential
• Expert determination - parties refer to impartial expert and is bound by the decision, good for technical disputes

Question 9

Which of the ADR processes are binding?

Answer 9

• Adjudication
• Expert determination
• Arbitration

Question 10

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

Answer 10

• clear tender and contract documentation
• continuous & effective communication between parties
• ensuring everything is documented in writing
• robust management from all aspects of the team
• following company procedures & protocols such as quality assurance
• partnering and alliancing

Question 11

Can you name the 3 pillar of dispute resolution?

Answer 11

1. Negotiation
2. Mediation
3. Adjudication

Question 12

What current challenges is Covid and/or Brexit and/or the current conflict in Russia / Ukraine bringing to conflict avoidance, management & dispute resolution procedures?

Answer 12

1. Increased disputes through navigating complex changes and uncertainties
2. Backlogs and delays causing strains
3. Needs for flexible contracting

Question 13

How does the HCGRA 1996 apply to and is dealt with within JCT and NEC contracts?

Answer 13

This Act says that any party to a construction contract can refer any dispute under that contract to an impartial adjudicator to make a decision on how to resolve the issue.