Question

1. Explain the reasons why disputes and/or conflicts arise and ways of avoiding them on construction projects?

2. What are the benefits of Alternative Dispute Resolution you can suggest to your Client with clear examples?

3. What are the advantages and disadvantages of negotiation you found when choosing negotiation as an alternative despite the resolution method?

Answer 1

Answer1.The main reason of conflict and dispute in any construction project is non cooperation between the members which are involved in the construction activities like the construction manager , contractor , building owner and also the employees working for the construction project.Lack of communication, poor management,delay in the information ,lack of experience ,poor control and coordination can cause conflict in any organisation or ongoing construction project.

Ways to avoid conflict or disputes in any construction project-

There should be a managing authority who should implement laws and regulations for the proper management of the work at all steps and all should follow the condition set up by them.

All the process should be discussed and each and everyone decision should be considered and given importance to all.

Work should be on time ,no one should be forced for any misleading activities,arising problems should be solved at each level without making to conflict.

Ways of conflict should be find and it should be cured earlier.

Answer-2.Alternative Dispute techniques provide way to work with the problem arises with concern with the third party .

The advantages of alternative dispute resolution are they are cost effective,time reducing more reliable to work and gives full control over the work and the steps to the working authority and also provide the better results.

Examples of alternative Dispute resolution are are arbitration and mediation which should be applied by the client to minimise the dispute between the two parties without doing any courtroom processes.

Answer 3.

Advantages and disadvantages of negotiations when choosing when choosing negotiation the Dispute resolution method

Advantages

Better for avoiding future conflict

Better relationship can be established

Good solution provided which are long term solution

Disadvantages

Dispute do not come to an end totally

In negotiating the power disbalance can be developed between parties

Delay in settlement ,heavy paperwork and more time taking

Limited bargaining