PCM 1030-1039 hard

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Questions and Answers

Why is expertise in subject matter and the mediation process important for a mediator?

It ensures complete control over the mediation participants.
It guarantees a successful outcome of the mediation.
It creates credibility and empowers the mediator as the guide in the process. (correct)
It eliminates the need for feedback and evaluation.

What does subject matter expertise contribute to the mediation process?

Guaranteed resolution of all disputes.
Complete control over the negotiation process.
Efficiency and credibility in feedback and evaluation. (correct)
Legal authority over the mediation participants.

Why do most mediators tend to be retired judges or attorneys?

Because they guarantee a successful outcome of every mediation.
Because they have complete control over impasses in negotiations.
Because they possess rare combined talents of subject matter and process expertise. (correct)
Because they have no need for credibility in the feedback and evaluation.

What are the best ways to avoid project disputes?

Client selection, client education, and contract documentation (A) Signup and view all the answers

What is the first goal when it comes to project disputes?

Avoid or contain the potential for disputes (D) Signup and view all the answers

What are the successive steps in preventing project disputes?

Client selection, client education, and contract documentation (B) Signup and view all the answers

What are the most powerful tools in preventing project disputes?

Client selection, client education, and contract documentation (A) Signup and view all the answers

What is the term used to describe the expansion of duties beyond the originally agreed scope for architects' work?

Scope creep (A) Signup and view all the answers

Why is absence of a written agreement for extra services problematic for architects?

It makes it difficult to define duty or say it's been satisfied (A) Signup and view all the answers

What does the standard of care clause in AIA owner-architect agreements recognize?

Perfection is not required, but all project services must be covered by it (A) Signup and view all the answers

What can limitation of liability clauses protect architects from?

Claims (C) Signup and view all the answers

What is essential for avoiding disputes according to the text?

Consistent, timely, and proactive documentation (B) Signup and view all the answers

What behavior is crucial for architects to adopt according to the text?

Proactive and responsive behavior to address issues promptly (A) Signup and view all the answers

Which organization has historically been leading in dispute resolution according to the text?

The AIA and its contract documents (C) Signup and view all the answers

What can scope creep lead to according to the text?

Disputes, ambiguities, and prolonged negotiations (B) Signup and view all the answers

What should agreements be according to the text?

Clear and detailed, with no ambiguous language or open-ended provisions (B) Signup and view all the answers

What is crucial for preventing disputes and claims according to the text?

Adhering to the agreed-upon scope of work, maintaining clear and consistent communication, and addressing issues promptly (A) Signup and view all the answers

What is the default first step in the dispute resolution process favored by the AIA?

Mediation (D) Signup and view all the answers

What is the second step if mediation does not resolve the claim consensually, according to the AIA Document B141TM–1997?

Arbitration (A) Signup and view all the answers

What did the AIA open the door to in AIA Document B101TM–2007?

Selecting either arbitration or litigation as the final venue for ultimate dispute resolution (C) Signup and view all the answers

What is mediation primarily described as?

A facilitated negotiation of a dispute (B) Signup and view all the answers

What is a key advantage of the mediation process?

The opportunity to independently evaluate and voluntarily select a mediator (D) Signup and view all the answers

What is the starting point for the client education process according to the text?

AIA Document B141TM–1997 (D) Signup and view all the answers

What is crucial for the design and construction process?

Client education (B) Signup and view all the answers

What may not be legally binding if not integrated into the contract?

Prior negotiations and agreements (D) Signup and view all the answers

What is helpful to explicitly state regarding the standard of care for architects?

It sets the limit of the architect's design duties (B) Signup and view all the answers

What is essential to avoid misunderstandings according to the text?

Disclaiming perfection and advising clients of the need for contingencies (C) Signup and view all the answers

According to David Ericksen, what does clear contractual language emphasize?

The importance of clear contractual language and potential consequences of ambiguity (C) Signup and view all the answers

What is emphasized as the most important section of any architectural agreement?

Detailed scope of work (A) Signup and view all the answers

What sets the minimum obligation for architects?

Standard of care for architects (B) Signup and view all the answers

What should take place before signing an agreement according to the text?

Client education process (A) Signup and view all the answers

What does absent integration into the contract lead to?

Prior negotiations and agreements not being legally binding (A) Signup and view all the answers

What does client misunderstanding about standard of care equate to?

Fulfilling all responsibilities (C) Signup and view all the answers

Who discusses the importance of client education and clear contractual provisions?

David Ericksen (A) Signup and view all the answers

Flashcards

Mediator Expertise Importance

Builds credibility and guides the mediation process.

Subject Matter Expertise Benefit

Provides efficiency and credible evaluations.