Conflict Avoidance Flashcards
Different methods of conflict avoidance?
Clear TOE/Lease
Proactive conflict avoidance risk analysis - understanding what could go wrong and how misinterpretation between parties might arise.
Managing parties expections - need to understand objectives and clearly communicate these - Early Warning Systems - appropriate notices.
Transparency - enables efficient resolution.
Keeping good records.
RICS Conflict of interest PS Global 2017.
Tell me how you fulfil your duty to court at expert witness in VT?
Your primary duty as an expert witness is not
to a client but to the tribunal where your expert witness
report and evidence given:
+ must be, and must be seen to be, your
independent and unbiased product, and fall within
your expertise, experience and knowledge
+ must state the main facts and assumptions it is
based upon, and not omit material facts that might
be relevant to your conclusions; and
+ must be impartial and uninfluenced by those
instructing or paying you to give the evidence.
Which role are you performing at VT when you are asking questions?
Advocate - answer questions
Acting on behalf your client. Duty is to the client.
To whom does the Advocate have a duty of care?
They have a duty solely to the instructing client. Must act in a way to maintain integrity of the judicial process - must be competent.
Independant Expert vs Arbitrator.
Arbitrator governed by Arbitration Act 1996 - Independant Expert by the lease.
Abitrator awards vs Expert determination.
Arbitrator bound by the evidence supplied - Expert can do their own research. Expert can measure the unit.
Can award fees of either party - Expert split unless told otherwise in the lease.
Arbitrator cannot be sued for negligence - Expert can.
Arbitrator can request hearing.
Expert determination is binding and only sue for negligence.
Arbitrator can only appeal on question of law.
Describe how you managed a conflict?
Instructed to provide a RR on behalf of LL for a small retail parade. One of the tenants Rapleys act for on a national basis for property management. They indicated they didnt want us to conduct the rent review as they felt it would tarnish reputation. Therefore we declined the instruction - had they been happy we could have set up an infomation barrier and needed informed consent from both parties.
Tell me about the latest RICS PS on conflicts of interest?
RICS Conflicts of Interest PS Global 2017.
Professional statement supports RICS Rules of Conduct and places mandatory requirements on all RICS members + Firms.
It identifies 3 types of conflict:
Party - work on related insutrction for 2 different/parties.
Own interest conflict - Personal interest.
Confidential information conflict.
What are the pillars of negotiation? (NMA)
Negotiation, Mediation/Conciliation, Adjudication.
What is adjudication
Method to DRS to determine dispute by the adjudicative process determined by a thrid party - via litigation or arbitration. Formal costly and time consuming. a negotiation process.
Can you name some of the RICS approved ADR?
Mediation
Arbitration
Independant Expert Determination
Negotiation
Conciliation
Spectrum of dispute resolution techniques?
Negotiation - problem solvinv efforts of the parties themselves
Mediation/Conciliation - thrid party intervention does not lead to a binding decision
Spectrum of dispute resolution techniques?
Negotiation - problem solvinv efforts of the parties themselves
Mediation/Conciliation - thrid party intervention does not lead to a binding decision
Adjuducative process - Final outcome is determined by a 3rd party who does impose a binding decision
Three formal forms of dispute resolution
Arbitration
Litigation
Adjuction
What is disclosure?
Mechanism allowing a party in arbitration to see a file of the other party.
How do you avoid disputes?
Clear communication
Proactive management
Risk management
Good management skills
Good payment practices
Record keeping
Regular reporting
Taking meeting minutes and agreeing action.
