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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
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2
Q

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

A

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

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3
Q

Why is keeping good records important ?

A

Detailed records can often help resolve conflicts before they escalate?

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4
Q

What is conflict management?

A

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

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5
Q

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

A
  1. Cost
  2. Access
  3. Confidentiality
  4. Speed
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6
Q

What is the most basic form of dispute resolution?

A

Negotiation between the parties involved

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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
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8
Q

Will a contract specify dispute resolution process?

A

Yes - some contracts do include a dispute resolution clause

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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.

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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

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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.

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12
Q

What are 3 benefits to arbitration?

A
  1. Fast
  2. Cost effective
  3. Confidential
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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

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14
Q

What is the outcome of an independent expert case?

A

A determination is produced that binds the parties

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15
Q

What are 3 benefits of using an independent expert?

A

Fast, cost effective, confidential

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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 (32 decks)

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