Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

APC > Conflict Avoidance > Flashcards

Conflict Avoidance Flashcards

1
Q

When drafting a lease or a contract what should you do to promote conflict avoidance? (2 things)

A
  • Clear and concisely drafted
  • Ensure contractual obligations are negotiated carefully and transparently - this will help to avoid conflict or help with an efficient resolution
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How can you adopt proactive conflict avoidance risk analysis? (1)

A

Understanding what could go wrong / how misinterpretation between parties might arise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Why is keeping good records important ?

A

Detailed records can often help resolve conflicts before they escalate?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is conflict management?

A

Involves the use of processes, tools and skills to manage disagreements and disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When considering dispute resolution methods which four factors are often considered?

A
  1. Cost
  2. Access
  3. Confidentiality
  4. Speed
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the most basic form of dispute resolution?

A

Negotiation between the parties involved

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is alternative dispute resolution? Give 3 advantages

A

Process/techniques withut court litigation

  1. Speed - much quicker than court
  2. Cost - less money spent on professional / litigation fees
  3. Confidentiality
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Will a contract specify dispute resolution process?

A

Yes - some contracts do include a dispute resolution clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is an arbitrator?

A

Someone with specialist knowledge of the area (highly trained if appointed by RICS dispute resolution service). They have the power to award costs and cannot be sued for negligence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

How does an arbitrator decide a dispute?

A

They act in accordance with the arbitration act 1996 and produce a decision that BINDS the parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Does arbitration happen through written or a hearing ?

A

Normally dealt with through written representations but does have power to order a hearing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are 3 benefits to arbitration?

A
  1. Fast
  2. Cost effective
  3. Confidential
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How can an independent expert be appointed?

A

By the agreement of the parties (might be recorded in contract/lease) - the costs are determined by the contract with the parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the outcome of an independent expert case?

A

A determination is produced that binds the parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are 3 benefits of using an independent expert?

A

Fast, cost effective, confidential

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Give an example of an area where indy expert might be used?

A

Commercial property rent reviews

17
Q

What does PACT stand for? / what is it used for?

A

Professional Arbitration on Court Terms. Used before or after formal lease renewal court proceedings have been issued (IT IS USED FOR BUSINESS TENANCY RENEWALS)

18
Q

How is PACT linked to the RICS?

A

Its a joint initiative between the RICS and the Law society

19
Q

What is mediation?

A

It is when a neutral mediator helps with discussions between the two parties to find a potential solution - THEY HAVE NO DECISION MAKING AUTHORITY

20
Q

What are 2 benefits of mediation?

A

Confidential and Informal

21
Q

Name 2 types of ADR service offered by the RICS Dispute Resolution Service

A

PACT and Arbitration

22
Q

What is the difference between an independent expert and an expert witness?

A

Indy expert = dispute resolver who decides a dispute
Expert witness = appointed to present evidence to a dispute resolver

23
Q

The primary duty of an expert witness is to…?

A

The tribunal! - It is not to the person who has appointed you

24
Q

Name 3 requirements for expert witness evidence

A

Unbiased
Within their expertise
Truthful

25
Q

What is the RICS document on expert witness?

A

Surveyors Acting as Expert Witnesses, 4th edition (published 2014 and updated 2023)

26
Q

Why did the RICS issue a practice alert on expert witness in Feb 24?

A

Due to a decline in quality of the work by RICS members - needs to be within scope of your expertise and you need to follow the practice statement!

27
Q

Can an expert witness be appointed on a success related fee basis?

A

No - fees must be fixed

28
Q

Who are our ADR approved processors

A

Cedar- Center Rffective Dispute Resolution ( Also RICS approved)
Property Redress Scheme

29
Q

Complaints Handling Officer

A

Charlotte Fairman

30
Q

What is savills complaints handling procedure and timeline?

A
  • try to resolve it at an informal level
  • contact compliance team immeditialy if informal
    5 DAYS FOR compliance team to respond and they nominate a reviewer
  • reviere has 10 DAYS to provide written response
  • if not happy then redress scheme - CEDR, The property redress scheme
31
Q

What is the RICS complaints handling procedure timeline?

A

7 days to acknowledge recepit
7-28 days - proviurde firms response r detailed update on timing

APC (33 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions