FAQ Frequently Asked Questions
Download FAQWHAT is the CRC of the CFIA?
The CRC is a department of the CFIA whose mission is to offer a space for dialogue and negotiation through the use of alternative dispute resolution (ADR) mechanisms to resolve patrimonial differences arising from the practice of Engineering and Architecture disciplines. Both the Center and the third parties acting as neutral intermediaries are accredited and duly authorized by the National Directorate of Alternative Dispute Resolution of the Ministry of Justice and Peace for the institutional administration of conciliation, arbitration, dispute boards, and other ADR methods.
WHAT types of conflicts can the CRC handle?
The CRC can handle any proprietary and available conflicts arising from the execution or interpretation of a written or verbal contract related to the practice of the professions of CFIA members, where at least one of the parties involved is a CFIA member.
WHO can request the intervention of the CRC?
Any of the parties in conflict can request the CRC's participation, whether it is the professional member or incorporated company, their clients, or interested third parties.
What are the advantages of the CRC?
The advantages include saving time, money, and emotional strain; ADR does not deteriorate the relationship between the parties. As the processes are private and confidential, they develop in a trustful environment. The conciliation agreement or award resolves the conflict and is binding, as it has the force of res judicata. This means that if one party does not comply, the other can go to court to enforce the judgment.
Can the CRC issue any sanctions?
No, the CRC is a voluntary instance for parties who have a difference arising from a professional relationship. It opens a space for dialogue and communication to seek a solution to their difference. It operates under the principle of autonomy of the parties and under the protection of Law No. 7727 "On Alternative Dispute Resolution and Promotion of Social Peace."
What services DOES NOT the CRC offer?
The CRC does not provide psychological therapy, legal services, or services related to the practice of engineering or architecture. It does not resolve the parties' problems or compel any party to act, but rather provides the necessary mechanisms for them to find a solution that satisfies their interests.
Conciliation
WHAT is conciliation?
Conciliation is a voluntary, private, and confidential alternative dispute resolution process in which the conflicting parties are assisted by an impartial neutral conciliator, who collaborates in their attempt to resolve the dispute, facilitating the communication between them.
WHO is the conciliator or mediator?
The conciliator is an impartial, neutral third party trained in conciliation, a CFIA member, who will be familiar with the substance of the matter to be addressed. They have a duty of confidentiality about everything the parties express and aim for them to identify their interests and work toward a satisfactory and mutually beneficial solution.
HOW LONG can a conciliation last?
A typical conciliation case could last one or two joint sessions, on average, to reach an agreement. Generally, one session per week is scheduled, depending on the parties' availability.
WHAT is the cost of conciliation?
Conciliation processes are free of charge as long as a CFIA professional or member company is involved.
Are there winners and losers in conciliation?
No, conciliation results in two winners; for this, the parties may need to make concessions and seek options that realistically meet the objectives of both, aiming for a better solution than they individually proposed.
Arbitration
WHAT is arbitration?
Arbitration is a private procedure through which the parties appoint a tribunal, either singular or collegial, based on equity, mixed equity, law, or expertise, which ultimately resolves the dispute between them. Depending on the amount in dispute, the arbitration may be expedited.
The decision of the Arbitral Tribunal is known as an arbitral award and holds the legal value of a judicial judgment.
WHO is the arbitral tribunal?
The arbitral tribunal is the body that will resolve the dispute submitted to arbitration. It can be composed of one person (sole arbitrator) or three members (collegiate tribunal).
Its composition can be:
Equity Tribunal: the tribunal is composed of members of CFIA, professionals of recognized standing and specialists in the subject matter in question. The award is issued by the tribunal based on their knowledge and principles of justice and equity.
Law Tribunal: the tribunal is composed of expert lawyers of high professional competence, and the award is issued based on the applicable
Mixed Tribunal: Composed of a lawyer as the president and two CFIA members
Expert Tribunal: cIn expert arbitration, the tribunal is solely composed of CFIA members of recognized standing and specialists in the subject matter. The award is issued by the tribunal according to their experience and technical knowledge.
HOW LONG can arbitration last?
It will depend on the complexity of the case, but it could take between six and twelve months.
HOW is the type of arbitration and tribunal chosen?
It depends on the project and the potential nature of the conflict. The number of arbitrators depends on the complexity of the project. For a small or simple project, a sole arbitrator will suffice. If it is larger or more complex, a tribunal of three or more professionals (collegiate) is preferable.
Regarding the nature of the arbitration, if the project is simple or standard, it can be an equity arbitration. That is, the arbitrator will be a professional in architecture or engineering, depending on the technical specialty required. When the contract is more complex, it may be advisable to opt for a law arbitration, where a lawyer decides according to legal regulations.
When the project is larger, a mixed arbitration could be chosen, where the tribunal is composed of engineers or architects and a lawyer. When the project is large, but the contracts are not so complex, the arbitration could be expert-based, where the arbitrator is a professional CFIA member, depending on the required technical specialty. In any type of arbitration, technical expert opinions of all kinds can be provided at the appropriate stage. In any case, it is advisable to consult with a legal advisor.
WHAT is the cost of arbitration?
It is a percentage based on the amount in dispute, which will cover fees and an administrative fee. Contact the CRC for a preliminary quote. DISPUTE RESOLUTION COMMITTEE (EXPERT COMMITTEES, DISPUTE BOARDS, OR ADJUDICATION COMMITTEES)
HOW does a dispute resolution committee work?
A dispute resolution committee is composed of one or three neutrals appointed by the parties to issue recommendations during the execution of an engineering or architecture project, whether public or private, to facilitate the execution and compliance with the contract.
WHO are the adjudicators?
They are the neutrals appointed by the parties, specialists in different fields, part of an official CRC list and are responsible of the Dispute Boards.
HOW LONG can the participation of a dispute resolution committee last?
Ideally, it will accompany the execution of the project from the start of construction to prevent conflicts or resolve them promptly before they become complicated.
WHAT is the cost of a dispute resolution committee?
The cost of hiring a dispute resolution committee varies on the obligations, commitments, and specifications of the adjudicators and their contractors, and should be clearly defined in a private contract.
What are the advantages of dispute resolution committees?
They know the project and propose expeditious solutions when differences arise. They adapt to the project's needs. Projects reduce the risk of pausing or entering into a longer conflict. They significantly decrease the differences taken to arbitration. They promote joint problem-solving and maintain the professional relationship.
Where can more information about the CRC be obtained?
CFIA Central Offices, 25 meters east of the Pops Ice Cream Parlor in Curridabat, House 1, phone 2103-2395, email crc@cfia.cr. or on the website https://crc.cfia.or.cr/