Conflict Avoidance

Question 1

Why does good record keeping help with resolving disputes?

Answer 1

Documentation of agreements, transactions, and communications.
Evidence of contractual obligations and responsibilities.
Aid in dispute resolution efficiency.

Question 2

What is adjudication?

Answer 2

Statutory dispute resolution process in UK construction.
Rapid and cost-effective.
Typically resolves disputes within 28 days.
Decisions enforceable by courts.

Question 3

What is arbitration?

Answer 3

Private dispute resolution outside court.
Parties appoint arbitrator.
Decision binding and enforceable.
Offers flexibility, confidentiality, and expertise.

Question 4

What is litigation?

Answer 4

Dispute resolution in court.
Parties present case to judge.
Judgment legally binding.
Formal and public process.

Question 5

What are the key differences between arbitration and litigation?

Answer 5

Private dispute resolution.
Arbitrator’s binding decision.

Litigation in court.
Judge or jury’s enforceable decision.