Conflict and dispute Flashcards
• How do you avoid conflict
Ensure you state what is required of all parties in tender docs, and contract docs
Good communication and put everything in writing
• What is a conflict of interest
An actual or perceived risk where your judgement could be compromised when undertaking an assignment.
• In your opinion, what causes the most disputes
Money
• Is adjudication binding
yes
• What was the outcome of the arbitration case you were involved with and in hindsight, would you have done anything differently.
The outcome was that my client won the arbitration case – in hindsight I would have encouraged my client to do a longer period of mediation
• What is arbitration?
A form of alternative dispute resolution
• What are types of conflicts?
Party conflict – this is where it’s a conflict against a client when acting for another client
Own interest conflict – this is where acting for the client has a conflict with the same RICS member or firm
Confidential information conflict – this is where you provide information to a client but the duty to another client to keep that information confidential
• How to resolve a conflict?
Raise the issue and try to deal with it through conflict and negotiation – face to face meeting if this doesn’t work then you could consider a alternative dispute resolution
Talk me through arbitration?
an independent adjudicator writes to both parties, both parties send there info and evidence, the adjudicator decides who wins.
can you appeal adjudication?
no
can you appeal adjudication?
no
who pays for adjudication?
both parties
