Conflict Avoidance

Question 1

Why do conflicts arise?

Answer 1

Due to failure to comply with contractural obligations due to different interpretations of the contract

Question 2

What is conflict avoidance?

Answer 2

Declining instruction and understanding what could go wrong

Question 3

5 main processes to resolve disputes

Answer 3

1. Negotiation
2. Mediation
3. Arbitration
4. Independent expert determination
5. Adjudication

Question 4

Benefits of ADR

Answer 4

Speed
Informality
Lower cost

Question 5

Mediation

Answer 5

Use of a neutral mediator to facilitate discussions between two parties

They have 0 decision making authority

Question 6

Arbitration

Answer 6

Decide dispute acting in accordance with statute

Have specialist knowledge of subject and cannot be sued for negligence

Can be overused by the court of appeal

Parties bound by decision

Question 7

Independent expert determination

Answer 7

They use own opinion to decide upon awar and parties are bound by decision

Question 8

Adjudication

Answer 8

Uses own knowledge and justification by law to reach a legally binding decision

Question 9

Independent expert witness

Answer 9

Duty to court and must provide independent evidence based on specialised knowledge

Question 10

Difference between arbitration and independent expert witness

Answer 10

A: governed by statute, acts on evidence, not liable for negligence
IEW: governed by contract, discover through facts, liable for negligence