Dispute Resolution

 6.5.7 Dispute Resolution Methods

Disputes are inevitable in construction projects and in engineering mentioned in the conditions of contract. The public procurement act 2063 (PPA 2063) and public procurement rules 2064 (PPR 2064) have provisions for dispute resolution.


the parties in dispute cannot resolve the dispute through mutual consensus (amicable settlement), then: For works of value up to Rs. 100 million, disputes can be settled by sole adjudicator. ← निर्णायक                                                                              For works of value above Rs. 100 million, disputes shall be settled by a Dispute Resolution Board (DRB) consisting of three members.                                         If the parties cannot settle dispute through adjudicator or DRB, then the dispute can be resolved through arbitration or litigation (court).                              6.5.5 Conflict resolution methods. See page nu. 136) Following are the methods of resolution of conflict:


Avoidance : avoid conflict, ignore conflict, "time will heal." ii) Diffusion : distraction and defuse into multiple sectors.


i)


Containment conflict contained within certain people, and


resolved through discussion and bargaining. iv) Confrontation: conflict brought in front of all concerned, conflict resolution through open dialogue, face-to-face


v) Conciliation


meeting, open bargaining, and resorting to legal process, if needed. Mutually agreed terms and conditions, "give and take" approach, without direct involvement of


outsiders (mediator), even though the mediator


assists in bringing the parties together.


vi) Mediation


: similar to conciliation, but with direct involvement of outsiders (mediator).


vii) Arbitration


: Resolution through certified professional


arbitrator.


viii) Litigation


Resolution through court, as per prevailing laws and rules.

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