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Mapa mental

Alternative Dispute Resolution

sharmilarajagopa Inglês

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Alternative Dispute Resolution

  1. 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
  2. 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
  3. Differences between Arbitriation and Adjudication

    • Arbitration
      • consensual in accordance with statute
      • NO time limit
      • Legally Binding
    • Adjudication
      • time limit
      • NOT binding
  4. 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
  5. 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

Informações

Descrição
Mapa Mental sobre Alternative Dispute Resolution, criado por sharmilarajagopa em 25-05-2015.
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5
Histórico
  • Criado por alison_patey0437 · 25 mai 2015
  • Copiado por sharmilarajagopa · 25 mai 2015
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