Conflict Avoidance & Dispute Resolution

Question 1

What general approaches should you take to avoid disputes?

Answer 1

• clear concise drafting of a contract/lease
• clear and comprehensive terms of engagement.
• Managing a parties expectations
• understand client objectives
• good record keeping.

Question 2

What are 3 main processes for handling disputes?

Answer 2

• Negotiation
• Mediation - non binding third party determination.
• adjudicative processes - ADR or litigation.

Question 3

What is mediation?

Answer 3

• involves use of a neutral mediator who facilitates a confidential discussion between the two parties.
• conducted on a without prejudice basis

Question 4

What are the advantages of ADR?

Answer 4

• speed
• informal
• greater opportunity for negotiation
• cost
• quality of decision making.