null
US
Sign In
Sign Up for Free
Sign Up
We have detected that Javascript is not enabled in your browser. The dynamic nature of our site means that Javascript must be enabled to function properly. Please read our
terms and conditions
for more information.
Next up
Copy and Edit
You need to log in to complete this action!
Register for Free
43562
M006 Conflict Avoidance & Dispute Resolution
Description
Mind Map on M006 Conflict Avoidance & Dispute Resolution, created by alison_patey0437 on 11/04/2013.
Mind Map by
alison_patey0437
, updated more than 1 year ago
More
Less
Created by
alison_patey0437
over 11 years ago
322
2
1
Resource summary
M006 Conflict Avoidance & Dispute Resolution
Conflict avoidance processes
The main conflict avoidance processes that a surveyor should know about include:
Good management:
Planning and managing future work,+ raising early any issues of concern, provide confidence in the surveyor’s ability, enable probs 2 b managed.
Clear contract documentation:
Good documentation means capturing the specific details of the project and addressing the particular circumstances and risks of that project
Good client management:
A good understanding of the client’sobjectives and the clien’s approach to risk is also extremely valuable, as will be maintaining good lines of com
Partnering and alliancing:
Building co-operation between theproject participants in order to fosterteam working, problem solving and an emphasis on project delivery.
Good constructor management:
having an objective understanding of the project, the contract and the programme of works
Good project management:
means pro-actively managing all aspects of time, money and risk assoc with proj
Good design team management:
Good forward planning and the management of conflict that could arise among the design team
Good payment practice:
the valuation should be carried out and payments made promptly = avoid animosity
Regular reporting and pro-activity:
e.g. mtg mins, progress reports. manage issues causing delay, inc in cost or quality problems as soon as is practicable
Dispute Resolution Techniques
processes
Negotiation
parties work out between them how to resolve any issues that have arisen.
Power to settle the dispute rests with the parties
Mediation + Concilliation
parties agree on an independent, third-party neutral system to facilitate discussions between them, with the goal of reaching a settlement
power to settle remains with the parties, but the process is led by the mediator
Expert Determination
parties agreed by a contract that a third party will make a binding decision on them
most cases the decision of an expert will be final, and it will not be possible to appeal that decision
the decision of an expert finally determines the dispute without further recourse
Adjudication
Adjudication under section 108 of the Housing Grants, Construction and Regeneration Act 1996 (HGRCA) was introduced in May 1998
The Local Democracy, Economic Development and Construction Act 2009 and the updated Scheme will revise some aspects of the adjudication process
Act applies = either party may appoint adjudicator within 7 days of serving a Notice of Dispute
adjudicator has 28 days from issue of the Referral within which to issue a decision.
decision will bind the parties and in most cases be readily enforceable in the Technology and Construction Court (TCC
Arbitration
Contract between the parties must contain a written agreement to arbitrate
Applies? = can use arbitration procedure, such as the Construction Industry Model Arbitration Rules or ..... covered by Arbitration Act 1996
litigation
Differences between Arbitriation and Adjudication
Arbitration
consensual in accordance with statute
NO time limit
Legally Binding
Adjudication
time limit
NOT binding
Arbitration: it is a settlement of dispute by 1/more chosen by the parties. the arbitrator decides the case + award
Decision can be incorporated into later court judgements
proceeds on his knowledge/exp, evidence provided or enq made
makes his decision on this process
Arbitration Act 1996
Advanatage
cheap
quick
suitable for technical matters
convienient
private
commercially expedient
Litigation is possible after an arbitration award if you can prove fraud or procedural fault during arbitration
Differences between arbitration and litigation?
Litigation
no contact between parties
Litigation is generic
possible for multi-party disputes
Open and NOT private
don't need to pay the judge/court
Arbitration
contact between parties
suitable for technical contracts. Arbitrators competent in their field
Private & confidential
flexibility in its procedure
Arbitration awards are easier to enforce overseas (by New York Convention)
common legislative standards 4 recognition of arbitration agreements + court recognition + enforcement of foreign + non-domestic arbitral awards
Show full summary
Hide full summary
Want to create your own
Mind Maps
for
free
with GoConqr?
Learn more
.
Similar
'The Merchant of Venice' - William Shakespeare
cian.buckley
The Great Gatsby - Theme
Heather Taylor
KEE2
harrym
Cognitive Psychology - Loftus and Palmer (1974)
Robyn Chamberlain
EBW: Onderwerp 1, Gr7 (KABV)
mvloch
Lord of the Flies - CFE Higher English
Daniel Cormack
Sociology- Key Concepts
Becky Walker
Marriage and Family Life - Edexcel GCSE Religious Studies Unit 3
nicolalennon12
Derecho Aéreo
Adriana Forero
Cells and the Immune System
Eleanor H
Specific Topic 7.2 Timber
T Andrews
Browse Library