Comflict Avoidance, Management And Dispute Resolution Procedures Flashcards
Name examples of how to avoid conflicts
Clear concise drafting of contracts
Proactively adopt risk avoidance risk analysis understanding where misinterpretation may arise
Understand all parties objectives and clearly communicate
Negotiating contractual obligations carefully early
Keep good records with a sufficient level of detail
What is conflict management?
Use of processes, tools and skills to find ways to manage disagreements or disputes
When choosing a dispute resolution method, what is often considered?
Cost
Access
Confidentiality
Speed
What is the most basic form of dispute resolution?
Negotiation
Parties do it themselves
What is the most formal process of dispute resolution?
Litigation
What is Alternative dispute resolution?
Dispute resolution techniques that fall outside the scope of court litigation
Benefits of ADR
Cost
Informality
Speed
Confidentiality
- type of ADR may be contained in a clause within a contract
What does an arbitrator do?
Decides a dispute acting in accordance with statute
What must an arbitrator have?
Specialist knowledge of the subject area - if appointed by the RICS dispute resolution service will be highly trained
How is arbitration usually carried out?
Via written representations but the arbitrator has the power to order a hearing
Can arbitrators be sued for negligence
No!
But there are grounds for appeal including
Jurisdiction, point of law, serious irregularity
When is arbitration often used in real estate?
Commercial/ rural property rent review disputes
Where May an independent expert come from?
Appointed by agreement of parties in a lease/ contract
The ability of an independent expert to award costs can be determined in the contract
True
What are the 4 different ADR commonly used by MRICS
Arbitration
Independent expert
Professional arbitration on court terms PACT
Mediation
What is PACT -ADR
Professional arbitration on court terms
Purpose of Professional arbitration on court terms
ADR specific to business tenancy renewals under Landlord and Tenant Act 1954
What court does PACT take place within?
County Court
In PACT who makes final decision
Property expert not a county judge
What is mediation?
The use of a neutral mediator who facilitated discussions between the two parties to explore resolutions
On what basis is mediation usually conducted?
“Without prejudice”
A mediator can have decision making authority and can impose a resolution on parties true or false
False
What is the Rics dispute resolution service?
- [ ] Arbitration
- [ ] • Independent Expert determination
- [ ] • PACT
- [ ] . Adiudication services (relevant to construction disputes)
- [ ] • Dilapidations Dispute Resolution Scheme
- [ ] • Ground Rent assessment
- [ ] • Neighbour Dispute Services
- [ ] • Pubs Code Adiudicator Service
- [ ] • Telecoms ADR Service
- [ ] •Boundary Dispute Mediation Service
- [ ] • Construction and engineering arbitration service
- [ ] • ADR for compulsory purchase disputes
What is the difference between an expert witness and an indepexpert?
Independent expert decided on a dispute
Independent witness is appointed to present evidence to a dispute revolver
