Conflict avoidance, management and dispute resolution procedures Flashcards

1
Q

Are the forms of ADR?

A

Adjudication
Mediation
Arbitration

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2
Q

What are the differences of arbitration and adjudication?

A

Adjudication - Fast decision (witihn 28 days )
Adjudication - is binding unless it’s over overturned
Adjudication - Cheaper

Arbitration - Is binding

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3
Q

Whats the difference between adjudication and mediation?

A

Mediation -involves appointing a neutral, independent trained mediator.
Mediation is shorter
Mediation is not as formal
Mediation has lower cost

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4
Q

What is dispute resolution?

A

Process of resolving a dispute or conflict between different parties.

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5
Q

What are some of the most common causes of disputes?

A
  • Errors and conflicting information
  • Lack of knowledge of or understanding of contractual obligations
  • Poorly defined change control procedures
  • Contract errors
  • Poor contract administration
  • Poor quality of workmanship
  • Delays to payments / non-payment of claims
  • Nonconformity of contractual obligations
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6
Q

Can you list the main dispute resolution processes?

A
  • Litigation
  • Arbitration
  • Adjudication
  • Mediation
  • Not Negotiation as it does not involve a third-party intervention to settle.
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