Conflict Avoidance, Management & Dispute Flashcards
(13 cards)
What is ADR?
Alternative Dispute Resolution
What are some examples of ADR?
Adjudication - an impartial adjudicator makes a binding decision.
Mediation - a neutral mediator helps parties reach a voluntary agreement
Arbitration - a more formal process where an arbitrator makes a binding decision
Conciliation - similar to Mediation, but the conciliator plays a more active role in suggesting solutions
What is meant by ‘binding decision’ in ADR?
It is enforceable by law.
What would I consider prior to selecting a form of dispute?
The cost and time associated with the method and it’s appropriateness.
Why is it important to avoid conflicts?
It can be a lengthy and costly process to resolve them.
What is dispute resolution?
Actions and processes taken to resolve contractual disagreements between parties.
What is negotiation?
Where parties reach an agreement through communication.
What could indicate the success of a negotiation on a final account?
Both parties are satisfied with the outcome and feel it is fair and reasonable.
Which does adjudication apply to?
All construction contracts entered into after the act commenced within England, Scotland and Wales.
What if a building contract does not contain provisions for adjudication?
All parties have the statutory right to adjudication, assuming the contract qualifies under the construction act.
What is Litigation?
Litigation is conducted in court and is a public process which follows civil procedure rules.
What is included in your companies complaints handling procedure?
A Senior Director is named in charge of the project and is the first point of contact for the complaint.
Once a complaint is received, this will be acknowledge by the Senior Director within 3 days.
The Senior Director will then conduct a formal review and provide the outcome to the client making the complaint within 7 days.
Should the client still be dissatisfied with the outcome, a second Senior Director is brought in to conduct another review.
All complaints and correspondence in relation to that complaint are forwarded to our complaints email addressed so they can be stored accordingly in our complaints log.
What is the timeline for Adjudication?
The party initiating the adjudication must serve written notice outlining the dispute.
An adjudicator must be appointed within 7 days of the noticed.
The referring party must submit a detailed referral notice within 7 days of the notice of adjudication.
The responding party typically has 7 days to submit their response, though this can vary.
The adjudicator must issue a decision within 28 days of receiving the referral notice, unless an extension is agreed upon.
