Conflict avoidance, management and dispute resolution procedures

Question 1

What are the three main processes for resolving disputes?

Answer 1

Negotiation (1)
Mediation (2) or Consiliation (3)
Adjuducation (4), Abitration (5) and Litigation (6)
Numbered in the order of usual preference.

Question 2

What are the advantages of Alternative Dispute Resolution (ADR)?

Answer 2

Faster
Cheaper
Confidential
Greater opportunity for negotiation
Improved quality of decision making by a surveyor relative to a judge

Question 3

Are parties bound by an arbitrator, and can the arbitrator be sued?

Answer 3

Parties are bound, and the arbitrator can not be sued. Parties can appeal to the High Court to challenge the tribunal’s jurisdiction, on a point of law, serious irregularity.

Question 4

Who does the expert witness have a duty of care to?

Answer 4

The court

Question 5

If a conflict arises, what is the first course of action?

Answer 5

Inform all parties and try to resolve peacefully. Pre-pandemic it was advised that an in person meeting would be beneficial.