Client care, conflict res and communication Flashcards
What is a conflict?
Conflicts arise because of the failure to comply with a contractual obligation that may occur because of differing interpretations of the contract itself. Conflicts I have had dealings with were trying to negotiate the price in an option agreement
How can you manage a conflict?
To be open and transparent during negotiations to try and mitigate from a conflict arising. This can involve keeping good records and holding a sufficient level of detail that could help resolve a conflict before it escalates. If a conflict arose I would seek to negotiate the problem through problem solving. If this failed, I would seek mediation, and then adjudication thereafter
What impact can a conflict have a on a business?
A conflict can have a negative impact on a business, and if was published in the press and it was found the surveying firm was at fault this could result in lost future business. A conflict is also time consuming and limits a surveyors capacity.
What are the three main process for resolving disputes?
Negotiation, mediation and arbitration
What is negotiation and what are the benefits?
Negotiation – Problem solving of efforts of the parties involved to resolve the dispute before taking it to a third party. The advantages of resolving the problem and cost and time savings.
What is mediation and the benefits
Mediation- This involves the use of a neutral mediator who facilitates discussions between the two parties to explore whether a solution can be found. There is a guidance note on Mediation 2014. This is usually conducted on a without prejudice basis and is a confidential and informal process. The mediator is unable to make any decisions and cannot impose a resolution on either party. Is not legally binding so no guarantee that a decision will be reached, may end up going to adjudication anyway.
What is adjudication and what are benefits
Adjudication – This involves a third party using their own knowledge to reach a fair, rapid and cost-effective decision on disputes, usually within a 28 day timeframe. You can go to the RICS to appoint an adjudicator. This is legally binding. It is quick, cost efficient, and avoids delays however the outcome reached could be worse for one parties than if negotiations could have been reached.
What is abritration and benefits
Arbitration- An arbitrator is appointed in a quasi-judicial role in accordance with the Arbitration Act 1996, parties are bound by the arbitrators decision, they can call a hearing or order written representations. They will have specialist knowledge of the subject area and cannot be sued for negligence, however their decisions can be overturned by a Court of Appeal on a point of law. This offers a fast, cost effective and confidential solution to a dispute.
What is an independent expert ?
An independent expert is appointed by the two parties, there is a guidance note on Independent Expert Determination 2016. They have expert knowledge on the subject matter of the dispute, with both parties being bound by any decisions made. They are appointed to investigate the dispute and receive evidence from both parties. However, they can also use their own evidence and opinion to decide upon the award, this process offers speed and expert knowledge. There is an RICS Panel of Independent Experts for Service Charge Dispute Resolution.
what is an expert witness?
When a surveyor provides evidence to a judicial or quasi-judicial body it is as an expert witness
Mandatory guidance note ‘surveyors acting as an expert witness’
EW primary duty of care is to the court or other dispute resolution panel and not the client, even though they pay the fee
Surveys should only expect the instruction if they have the expertise, qualifications and competencies / training and if there is no conflict
Must provide a statement of truth and confirm they will act impartially and objectively
How do you foster good relationships with clients?
Having regular communication with the clients, being transparent about market dynamics
In valuation the current economic climate has result in many properties losing value. We would seek to make clients understand that back ground of the property market before reporting values in isolation.
This may be done verbally or via email, verbally allows me to improve my repport with the client and enhance relationship.
What are the complaints handling procedure?
My company operates a formal complaints handling procedure in accordance with the RICS Rules of Conduct including a redress mechanism. We have steps to follow.
1. Person who initially dealt with the matter should try and resolve the issue before it becomes a formal written complaint to which the CHP procedures apply.
2. Contact/report to the Complaint Handling Officer with details so that within 3 days of receiving the complaint he/she can send the complainant a letter giving details of our CHP. They will also notify our insurers.
3. Elect a principal from the firm to review will consider all the evidence and submit a response within 10 days of the initial letter
4. If matters fail to become resolved by way of the above. Then CHO carries out own investigation, if no resolution found then
5. The complaint has the right to refer the matter to a redress scheme. This is an independent party resolution to the problem
What would you do if you set up your own firm? regarding complaints
If I was a sole practitioner I would follow the guidance set out in RICS Guidance Note on Complaints Handling, 2016. I would nominate a surveyor in another firm to act as my complaints handling officer.
What is a redress scheme?
The final stage of the procedure will provide the client with access to independent redress. RICS has approved a list of redress providers for firms to use. The list is published and updated from time to time
Free to the consumer
Contacting PRS – property redess scheme or CDRE – centre of dispute resolution RICS dispute resolution
What would you do if the client want not happy with the report and the valuation you suggested?
Ensure that the report contains all evidence in detail, discuss how you arrived at your valuation and how the evidence substantiates this.
