Conflict avoidance, management and dispute resolution procedures Flashcards
1
Q
Are the forms of ADR?
A
Adjudication
Mediation
Arbitration
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
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
4
Q
What is dispute resolution?
A
Process of resolving a dispute or conflict between different parties.
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
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.