Conflict Avoidance

Question 1

What is conflict avoidance / management?

Answer 1

Ensuring clear, concise and careful drafting of contract or lease.
Understanding what could go wrong or how any misinterpretation may arise.
Managing expectations

Question 2

What are the three processes involved with dispute resolution?

Answer 2

1. Negotiation
2. Mediation
3. Adjudication

Question 3

What is mediation?

Question 3

What is mediation?

Answer 3

Involves a neutral mediator who facilitates discussions to explore whether a solution can be found. Mediator has no decision making authority.

Question 4

What is arbitration?

Answer 4

Arbitrator is appointed in a quasi-judicial role and parties are bound by decision.

Question 5

What is the role of an Independent Expert?

Answer 5

Appointed by two parties, both parties are bound by decision.

Question 6

Who does an Expert Witness owe a primary duty of care to?

Answer 6

The court

Question 7

What is the role of an Expert Witness?

Answer 7

Provides evidence to the court and must provide statement of truth.

Question 8

What is the key practice statement in relation to Expert Witness work?

Answer 8

Surveyors Acting as Expert Witnesses, 2014

Question 8

What is the key practice statement in relation to Expert Witness work?

Answer 8

Surveyors Acting as Expert Witnesses, 2014

Question 9

Are Expert Witnesses immune from civil action regarding negligence?

Answer 9

No

Question 10

What is an advocate?

Answer 10

Surveyor represents their client in a judicial hearing, they have a duty of care to their client