ADR Flashcards
What is a redress scheme?
Referral of complaints from consumers/complaints to be resolved though third party
Name types of Redress Scheme?
The Property Ombudsman
Centre for Effective Dispute Resolution
What types of ADR are available?
- Arbitration
- Mediation
- Expert Determination
- Conciliation
What services do the RICS offer?
- Arbitration
- Simplified Arbitration Service
- Expert Determination
Why is ADR important?
- RICS surveyors advise and represent clients in disputes
- Rule 7: Mandatory
- Legal obligation for anyone contemplating civil dispute to explore ADR
What are the common causes of dispute?
- Poor communication
- Misunderstanding
- Differing objectives
- Non-compliance with contractual obligations
- Errors
How you do undertake conflict of interest checks?
Email sent round with facility for members to confirm: yes or no to a new instruction
What information is required to check Conflict of Interest?
Client Name and Address
Name of Holding
Scope of Work
Existing Conflicts
What is arbitration and what are the advantages and disadvantages?
Arbitration is a form of ADR where an arbitrator is appointed to make a binding decision on a dispute, as regulated by Arbitration Act 1996. Arbitrator:
- similar role to judge
- decision is binding
- can award costs
Advantages:
- cheaper than litigation
- faster
- confidential
- more confidence in familiar process
- informal
- procedures in place
Disadvantages:
- decision based on information from parties
- perhaps more expensive that some other forms of ADR
What is mediation? What are the advantages and disadvantages?
Mediation is a form of ADR where parties appoint a third party to facilitate negotiation. Independent, do not make recommendations. Voluntary and consensual process.
Advantages:
- Good for party relations if they can agree a decision between them
- Informal process
- Cheaper and quicker than litigation
- Confidential
Disadvantages:
- Lack if finality - have to use other services if mediation does not work
- difficult if one party is withholding information / not invested in process
What is conciliation? Advantages and disadvantages?
Conciliation is a form of ADR where the parties retain control and appoint a conciliator to make recommendations and advice. Voluntary and consensual process. ‘Evaluative process’
Advantages
- Parties can take advantage of the recommendations made by the conciliator
- Can be positive for part relations
- Quicker and easier
- Confidential
- Informal
Disadvantages:
- Dependent on goodwill - if one party does not want to contribute, will not work
- Lack of finality
What is expert determination? Advantages and disadvantages?
Expert determination is a form of ADR where a third party is referred to an expert third party and the decision made is binding. Expert determinator must gather information and does not have to regard parties information. Expert in a particular area.
Advantages:
- Good for specialist disputes
- Quicker and cheaper
- Less formal
Disadvantages:
- No right to appeal
- Expert is responsible for any losses suffered due to their negligence
- No formal standards for procedure and process
