Conflict Avoidance, Management & Dispute Resolution Procedures Level 1

Question 1

What is the best way to avoid conflict?

Answer 1

• clear tender and contract documentation
• continuous & effective communication between parties
• ensuring everything is documented in writing
• robust management from all aspects of the team
• following company procedures & protocols such as quality assurance
• partnering and alliancing

Question 2

How do you get unambiguous contracts?

Answer 2

• clearly stating in all contract documentation exactly what is required of parties
• ensuring there is no conflicting information

Question 3

If you noted that there were ambiguities in the contract what would you do?

Answer 3

-

Question 4

How does record keeping avoid conflict?

Answer 4

• By ensuring any decisions / instructions are documented, it ensures there is written evidence to refer to should a conflict arise

Question 5

How do you engender cooperation?

Answer 5

• By ensuring roles are clearly defined and accompanied with their responsibility within the task at hand
• this improves the understanding of the task and people can come together to overcome challenges and create shared sollutions

Question 6

What do you understand by the term ADR?

Answer 6

ADR stands for Alternative Dispute Resolution. It refers to ways of resolving disputes without going to court.

Question 7

What are the different ADR processes?

Answer 7

• adjudication
• mediation
• arbitration
• expert determination

Question 8

What are the principal differences between the different ADR processes?

Answer 8

• Mediation - involves an independent 3rd party, not legally binding
• Adjudication - impartial 3rd party, legally binding
• Arbitration - parties agree to refer dispute to an arbitrator, more formal, similar to court proceedings but is confidential
• Expert determination - parties refer to impartial expert and is bound by the decision, good for technical disputes

Question 9

Which of the ADR processes are binding?

Answer 9

• Adjudication
• Expert determination
• Arbitration

Question 10

Can you give me some examples of good practice associated with conflict avoidance?

Answer 10

• clear tender and contract documentation
• continuous & effective communication between parties
• ensuring everything is documented in writing
• robust management from all aspects of the team
• following company procedures & protocols such as quality assurance
• partnering and alliancing

Question 11

Can you name the 3 pillar of dispute resolution?

Answer 11

1. Negotiation
2. Mediation
3. Adjudication

Question 12

What current challenges is Covid and/or Brexit bringing to conflict avoidance, management & dispute resolution procedures?

Question 13

How does the HCGRA 1996 apply to and is dealt with within JCT and NEC contracts?

Answer 13

This Act says that any party to a construction contract can refer any dispute under that contract to an impartial adjudicator to make a decision on how to resolve the issue.