16 Cards in this Set

Front

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What is dispute resolution?

Actions to resolve contractua

between parties.

Name some different forms of ADR?

Mediation
Conciliation
Negotiation

What is Conciliation?

Dispute resolution similar to m

Independent party to aid an a
Conciliator has no authority t
witnesses.
Conciliators do not make dec
Messenger shuttle diploma

What is Mediation?

ADR form of bringing in sepa

party to mediate and guide a
optimises the parties needs.
Mediation encourages comin
agreeing.

What is the different between mediation and

conciliation?

Mediation attempts to bring p

agree based on a careful app
both parties.
Conciliation doesnt try to bei
and agrees through a third pa

What is negotiation?

Parties may through an inform

facilitated negotiation proces
dispute either at a high level

to be bound by this settlemen

What is your most successful negotiation?

Havent had many as most co

level.
Successful final account agre
parties felt happy.

What could indicate the success of a negotiation

on a final account?

Both parties come away happ

cost report budgets.

UK statutory dispute resolutio

What is adjudication?

Relatively quick process from

Binding until dispute determin
arbitration
Seen as simplified arbitration

What enforces the requirement for a building

contract to contain provisions for adjudication?

The Housing grants, Constru

Regeneration Act 1996.
What contracts does it apply
Applies to all construction co
after act commencement of t
to England, Scotland and Wa
act.

What if a building contract does not contain

provisions for adjudication?

Parties have the statutory rig

assuming the contract qualifi
construction act.
The Scheme for construction
its entirely

What is arbitration, how does it work?

Arbitration is a procedure for

disputes which is under the c
Certain conditions must be m
or difference between the pa
capable of enforcement). Bin
submit to arbitration in contra
Three available procedures:
days), short hearing (30 days
(long).

Can you explain in detail the difference between

arbitration and litigation procedures? Firstly
arbitration:

Governed by Arbitration Act 1

Both parties must agree to ar
Parties have a wide degree o
proceedings conducted.
Procedure similar to litigation
submission by parties, exper
and decision by arbitrator
Advantages are that it is a pr
have flexibility, arbitration aw
to enforce
3 types: short hearing (1 mon
month) and full procedure.

Secondly litigation:

Litigation: Presentation of arg

Public process following Civil
Advantages: Parties do not p
process can deal with multi-p
procedure rules aim for acce
efficiency.

Why do you think the JCT2005 suite of contracts

has dropped arbitration in favour of litigation as a
form of dispute resolution?

Arbitration is intended to be b
out cheaper.
Arbitration was getting more
Litigation has improved throu

Rules.

As mediation as been encour

reach courts and as such cou
which in turn reduced timesc
What else?

Adjudication is effectively a s
and has further taken away s