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Flashcards in APC Conflict avoidance, management Deck (16)
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1
Q

What is ADR?

A

Alternative Dispute Resolution (ADR) provides a confidential and alternative method of tackling legal disputes which avoids going to court. The most common types of ADR are conciliation and mediation, arbitration and adjudication.

2
Q

What do you understand by the term conflict?

A

A conflict of interest is a situation in which an individual has competing interests or loyalties.

3
Q

Can conflict be good?

A

Yes -

Can provide solutions to problems

Challenging old processes

Creates new opportunities

4
Q

How can conflict be bad?

A

Drives bad behaviour

Isolated working

Detrimental to the project’s objective.

5
Q

Is there a healthy level of conflict?

A

Yes which can be good and conflict avoidance can be incorporated. If there is too much conflict then Dispute resolution maybe needed.

6
Q

How can we avoid conflict pre contract?

A

Appropriate Contract Selection

Appropriate Risk Allocation

Quality Check to Contract Information and

Works Information

Tender Scoring

7
Q

How can we avoid conflict post contract?

A

Proper administration of the Contract

Highlight issues early

Keep up to date, logically correct programmes – push for Accepted Programme

Proactive Risk Reduction Meetings

Keep Minutes and Actions

Reduce Confrontational Language

Working Groups to Resolve Outstanding
Issues Before Snowballing

Hands Up When You’re Wrong.

8
Q

What is mediation?

A

Mediation is a way of settling disputes in which a third party, known as a mediator, helps both sides to come to an agreement that each considers acceptable

9
Q

What is adjudication?

A

Adjudication is a compulsory dispute resolution mechanism that applies to the UK’s construction industry.

Statutory adjudication was introduced by the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996).

Is a 28-day procedure (although the parties can agree to extend this period).

described as a “pay first, argue later” mechanism for resolving disputes

Interim binding

10
Q

What is arbitration?

A

Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case.

The arbitrator may be a lawyer, or may be an expert in the field of the dispute.

Legally Binding

11
Q

What is litigation?

A

Litigation is the process of engaging in or contesting legal action in court as a means of resolving a dispute. The court is able to enforce or determine one party’s rights or obligations

12
Q

What is expert determination?

A

Expert determination is a process in which an independent third party who is an expert in the subject matter is appointed to decide the dispute. The expert’s decision is binding on the parties.

13
Q

How in conflict avoidance managed within TfL?

A

TfL and its contractors have worked with RICS to develop the Conflict Avoidance Panel. CAP is a panel of between one and three people that can be appointed at short notice when issues arise and produce a non-binding recommendation within 21 days of the appointment.

This is non binding

14
Q

How do we do it under the Contract?

A

Either Party has the right to bring litigate action

As long as the Parties are bound by a Construction Contract, either Party has the right to Adjudicate at any time.

Options W1 (all other contracts outside of W2) and W2 (for UK where it is a Construction Contract) of NEC3 and W3 of NEC4 are the Dispute Resolution options.

15
Q

How do we do it under the Contract?

A

Either Party has the right to bring litigate action

As long as the Parties are bound by a Construction Contract, either Party has the right to Adjudicate at any time.

Options W1 (all other contracts outside of W2) and W2 (for UK where it is a Construction Contract) of NEC3 and W3 of NEC4 are the Dispute Resolution options.

16
Q

What is the adjudication process?

A
  • Notification of Adjudication from one party to another.
  • From receipt of notification, parties have up to 7 days to appoint the adjudicator.
  • Adjudicator will review parties cases, and make their decision within 28 days. (This can be extended to 42 days)
  • The adjudicator does not have the power to award costs, unless the parties agree to grant him this power.