Conflict Avoidance Flashcards
What is a conflict?
It is the opposition of people or forces, competitive or opposing action between parties
When do disputes arise in your role?
When there has been a confusion over the scope, or at LCC when the tenant was not happy with the service we were able to provide
What can you do if negotiations break down?
It’ll depend on the situation but it could involve taking a dispute to mediation or another form of dispute resolution, then could go to mediation to try a find a way to be restart the negotiations , the parties could decide it is in their interests to walk away, possibly involve a 3rd party to resume negotiations
What is a conflict of interest?
A conflict of interest involves a person or entity that has two relationships competing with each other for the person’s loyalty. For example, the person might have a loyalty to an employer and also loyalty to a family business. Each of these businesses expects the person to have its best interest first.
What do the RICS Rules of Conduct say about avoiding conflicts of interest
It is included in the example behaviours under rule 1 and states - Members and firms identify actual and potential conflicts of interest throughout a professional assignment and do not provide advice or services where a conflict of interest or a significant risk of one arises, unless they do so in accordance with the current edition of Conflicts of interest, RICS professional statement. Firms have effective processes to identify actual and potential conflicts of interest, to enable appropriate decisions to be made on whether to accept work, and to keep records of decisions made about actual and potential conflicts of interest.
Give examples of ways that conflict can be avoided.
This can be done through having clear TOE’s, having clear and open conversations over clients so you can understand their needs, by listening, set clear expectations, keep open conversations with clients through the project lifecycle, identify risks
Why is good management important?
An effective manageracts as a catalyst to mobilize employees, strengthen their skills and channel those skills to meet workplace goals. If staff know what is expected of them then they are better bale to deliver on objectives, are likely to stay and are motivated to do a good job
What are the benefits of clear contract documentation?
If they are clear they should stop disputes before they arise, they provide certainty to all parties, they put terms in writing, identify when payments will be made, who is responsible for what tasks or providing what information, they can offer protection and guidance of a way forward when disputes do arise
What is partnering or alliancing?
An alliance is a collaboration between individual companies for mutual profit, while a partnership is a merging of individual interests for mutual profit. Partnering is a formal management process in which all parties to a project voluntarily agree at the outset to adopt a cooperative, team-based approach to project development and problem resolution to eliminate – or at least reduce – conflicts, litigation, and claims.
Why is good project or instruction management important?
Good project managementguarantees that the objectives of projects line up with the critical goals of the business. In distinguishing a strong business case, and being efficient about return on investment, project management is indispensable as it can help ensure the right thing is conveyed, which will give real value.
How can good client management reduce conflict?
Because they are aware of issues before they escalate so plans on a way forward can be put in place, because all parties are aware of their roles and responsibilities, they have the opportunity to speak and ask questions, you are aware of the stakeholders and their ability to influence, you have a communication strategy in place
Give examples of good payment practices.
Good practice will have clear payment terms in place. Payments will be the correct amount, paid at the correct time to the correct person or place. There should be clear expectations and a method for resolving disputes over payment amounts
How can good record keeping avoid conflict?
They provide evidence of agreements or discussions so they help defend against allegations before they escalate. So for example, producing a payment notice on demand can stop a payment dispute escalating
How do reporting and proactivity reduce conflict?
Because it helps resolve issues before they escalate to conflict, both parties then have a written record of discussions and agreements to refer back to in the event of an issue. Also proactivity helps as you will push for resolution at an early stage or before an issue has a chance to appear
What are the three pillars of dispute resolution? Who introduced these terms? Give examples of each
Negotiation (problem solving efforts of the parties themselves), mediation (a third party invervention does not lead to a binding decision being impossed on the parties) or conciliation and an adjudicative process (the final outcome does impose a binding decision on the parties. They were introduced by someone called Professor Green of Boston University
How do mediation and conciliation differ globally?
Difference between Mediation and Conciliation:Mediation it is the process of resolving issues between party where third party assist them in resolving dispute,while in conciliation method in which an expert is appointed to settle dispute between the parties.
Why is this important to be aware of?
Because it is possible to be working with international clients who may have different expectations of the process outcomes. For example in China, mediation is more coercive
What is Alternative Dispute Resolution (ADR)?
Alternative dispute resolution, or external dispute resolution, typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes, with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings
Why might you prefer to pursue ADR rather than litigation through the Courts?
Because it can be significantly cheaper, it is usually quicker and litigation and court action will make the issue public, which many clients may wish to prevent from happening
Tell me about a conflict of interest check you have carried out.
I do this with new clients by checking their name and address, as well as those of the subject property against records to ensure we have not acted for them previously as well as confirming there are no personal relationships
What would you do if you identified a perceived/actual conflict of interest?
If the conflict can be managed then I would discuss this with both parties to see if they wish to proceed, ensuring that this is done in writing. If the conflict is one which can’t be managed then I would decline the work
Can you tell me about any RICS guidance relating to conflicts of interest?
RICS Professional Statement: Conflicts of Interest, global, 1st Edition March 2017
What is the practice of dual agency/double dipping?
It is the act of acting for both or multiple parties in a transaction
Can you tell me about any recent RICS guidance relating to dual agency/double dipping?
It is covered in a couple of documents, including UK Commercial Property Management Agency & Real Estate Agency and Brokerage: As a general rule we should not be undertaking dual agency roles, because it gives rise to accusations of favouritism to one party as it will be extremely difficult to provide fair and unbiased advice to both parties. Where it is done it should be the exception to the rule and only with the informed concent of both parties
What is the difference between an arbitrator and an independent expert?
Unlike experts,arbitrators cannot decide an issue other than on evidence received from the parties and both parties will need to make representations. Arbitrators may not delegate any of their duties although they are able to draw attention to matters of which the parties may not be aware. Arbitration gives a better framework for legal disputes and settling jurisdiction issues. There is no argument the arbitrator has the power. An expert can’t deal with jurisdiction and does not always have exclusive power over legal issues which can create uncertainty. When acting as Expert Witnesses, the parties typically submit a joint Statement of Agreed Facts to the appointed Arbitrator or Independent Expert. This sets out the agreed facts relating to any key comparable evidence and lease terms, for example.
