CONFLICT AVOIDANCE, MANAGEMENT AND DISPUTE RESOLUTION PROCEDURES - Level 1 Flashcards
1
Q
Can you tell me the various forms of dispute resolution from least adversarial to most?
A
- Negotiation
- Mediation
- Adjudication
- Arbitration
- Litigation
2
Q
Where in a typical JCT Contract is dispute resolution mentioned?
A
articles of agreement and Section 9 : Settlement of disputes
3
Q
What happens if a Contract does not have a provision for Adjudication?
A
- May be covered under the Housing Grants Construction and Regeneration Act) Act (Construction Act) 1996
- Or Scheme for Construction Contracts Regulations 1998
4
Q
What happens if the Contract doesn’t qualify under the Construction Act?
A
Scheme for Construction Contracts Regulations 1998
5
Q
Why might you opt for litigation over arbitration?
A
- Where all other dispute methods have been explored
- As judges decision can be appealed (arbitration generally unable to)
- Want case to be in public interest
6
Q
Why is negotiation the first logical step?
A
- Likely quicker
- Doesn’t require to pay for third party fees
- Avoids legal proceedings
7
Q
Can you explain what mediation is?
A
- 3rd Party appointment
- Assists both parties to agree a resolution between them
- Not legally binding
8
Q
What is the difference between mediation and adjudication?
A
Adjudication is legally binding – mediation is not
9
Q
Adjudication process
A
- Notice of adjudication
- Appointment of adjudicator within 7 days
- Decision within 28 days
- Can be extended
