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RICS APC M006 Conflict Avoidance PDF
RICS APC M006 Conflict Avoidance PDF
Di
Dispute
t Resolution
R l ti Procedures
P d
Description of Competency
This competency covers the quantity surveyors
involvement with the avoidance, management and
resolution of disputes in construction projects.
Candidates should be aware of the various processes
and techniques commonly used in the industry. They
should have a detailed understanding of how these
are applied in practice.
(RICS APC Pathway Guide, March 2014 Quantity Surveying and Construction)
Level 2
Provide evidence of practical application in your area of
practice having regard to the relevant law.
Level 3
Provide evidence of the application of the above in the context
of advising clients in various circumstances.
(RICS APC Pathway Guide, March 2014 Quantity Surveying and Construction)
Conflict
f avoidance
Partnering
Negotiation
Mediation
Conciliation
Adjudication
Arbitration
Pre-action
P ti Protocol
P t l
Litigation
Expert
p Witness
What is Conflict?
1. A situation which people, group or countries are involved in a
serious disagreement or argument,
Pre-Contract Post-Contract
Stage Stage
Pre-Contract Stage
g
Have a carefully drawn up set of Contract documents at
the begging of a project to ensure that there is no or
minimum ambiguity.
Use
U Standard
St d d M Methods
th d off M
Measurementt
Provide proper answers for tender queries & distribute them to all
tenderers
Carry
y out proper
p p tender evaluation
Post-Contract Stage
g
Administrate the Contract by fully competent Contract
Administrators, in accordance with the Contract
Agreement .
What is Dispute?
An argument or a disagreement between two people, group or
countries
(Oxford Advanced Learners Dictionary)
Litigation
Dispute Resolution
Procedures
Alternative Dispute
Resolution
Litigation:
The process of resolving disputes by filing or answering
a complaint through the public court system
When to Litigate
Where negotiations have proved unsuccessful and there is no
right of adjudication (in UK) and/or Arbitration; or
Pre-action Protocol
to agree a pre-requisite procedure before commencing the litigation.
These include:
Common Advantages of ADR
Mediation
Adjudication Confidentiality
No or less destruction of any goodwill and
Arbitration
business relationship between parties
Dispute Boards
Expert Determination
(RICS, 2014)
Negotiation
Conciliation
(http://www.isurv.com, 2013)
Mediation:
(http://www.isurv.com, 2013)
Conciliation:
Similar to mediation but the independent third party (conciliator) gives
p
his/her opinion on the dispute.
p
E
Expert
t Determination:
D t i ti
An independent expert is appointed jointly by the two parties to give an
expert opinion on the matter to be decided. The expert may have regard to
evidence submitted or may have a hearing and adopt what they consider to
be the most appropriate procedure. The expert's decision is not enforceable
directly by the courts and they are liable for action for negligence.
(http://www.isurv.com, 2013)
Dispute Boards:
An independent board evaluates disputes as similar to the DAB in FIDIC
1999 Red Book.
Book
No international enforceability
Conflict
f avoidance
Partnering
Negotiation
Mediation
Conciliation
Adjudication
Arbitration
Pre-action
P ti Protocol
P t l
Litigation
Expert
p Witness
Q
Questions
ti ?
What is arbitration? What are the things we should write in the contract
under the arbitration?
How do you deal with the arbitration award in a dispute between a UK
contractor and a UAE Employer?
Why dispute adjudication board in FIDIC 99 and advantages?
Is adjudication used in UAE?
Is DAB practicing in UAE?
How various forms of contracts deal with conflict avoidance?
Many Thanks !