Conflict Avoidance Flashcards
What is a conflict
Where two parties have opposing views on a matter and disagree.
When do disputes arise in your role?
Dilapidations disputes, contractural disputes
What can you do if negotiations break down?
Seek ADR, this is either mediation/ conciliation, early neutral valuation, independent expert determination, adjudication or arbitration. Or litigate
What is a conflict of interest?
Conflict of interest can be 1) Party Conflict, 2)Own conflict or 3)confidential info conflict
Party Conflict
Firms Duty to advise one client conflicts with duty owed to another client or party in relation to the same or related professional assignment
Own Conflict
surveyors duty to act conflicts with the interests of that same firm (i.e. double dipping)
Confidential info
conflict of duty to rics member to provide information to one client and duty to another client to keep that info confidential.
What is partnering or alliancing?
Approach where two companies become reliant on each other enabling openness and trust
What are the three principles of Dispute Resolution
Negotiation, mediation and adjudication professor green
How do mediation and conciliation differ globally?
China mediation more coerced
Can you tell me about any recent RICS guidance relating to dual agency/double dipping?
RICS Conflict of Interest
What is the difference between an arbitrator and an independent expert?
Arbitrator falls under arbitration Act. Arbitration for very complex cases.
If you work with contracts, explain how dispute resolution works in a contract you have worked with.
JCT contract have an adjudication clause.
Explain the role of the Civil Procedure Rules (CPRs).
A procedural code for courts to follow.
What does CPR Practice Direction 35 relate to?
Expert reports
What governs dispute resolution during insolvency or bankruptcy proceedings?
ADR
What is a Dispute Review or Recommendation Board (DRB)?
It is a group of three people selected by contract to resolve disputes between parties
What is a Dispute Adjudication Board (DAB)?
Explain what the role of the RICS Low Value Dispute Adjudication service is.
Adjudication under £100,000
