Conflict Avoidance Flashcards
When drafting a lease or a contract what should you do to promote conflict avoidance? (2 things)
- 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 can you adopt proactive conflict avoidance risk analysis? (1)
Understanding what could go wrong / how misinterpretation between parties might arise
Why is keeping good records important ?
Detailed records can often help resolve conflicts before they escalate?
What is conflict management?
Involves the use of processes, tools and skills to manage disagreements and disputes
When considering dispute resolution methods which four factors are often considered?
- Cost
- Access
- Confidentiality
- Speed
What is the most basic form of dispute resolution?
Negotiation between the parties involved
What is alternative dispute resolution? Give 3 advantages
Process/techniques withut court litigation
- Speed - much quicker than court
- Cost - less money spent on professional / litigation fees
- Confidentiality
Will a contract specify dispute resolution process?
Yes - some contracts do include a dispute resolution clause
What is an arbitrator?
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 does an arbitrator decide a dispute?
They act in accordance with the arbitration act 1996 and produce a decision that BINDS the parties
Does arbitration happen through written or a hearing ?
Normally dealt with through written representations but does have power to order a hearing.
What are 3 benefits to arbitration?
- Fast
- Cost effective
- Confidential
How can an independent expert be appointed?
By the agreement of the parties (might be recorded in contract/lease) - the costs are determined by the contract with the parties
What is the outcome of an independent expert case?
A determination is produced that binds the parties
What are 3 benefits of using an independent expert?
Fast, cost effective, confidential
Give an example of an area where indy expert might be used?
Commercial property rent reviews
What does PACT stand for? / what is it used for?
Professional Arbitration on Court Terms. Used before or after formal lease renewal court proceedings have been issued (IT IS USED FOR BUSINESS TENANCY RENEWALS)
How is PACT linked to the RICS?
Its a joint initiative between the RICS and the Law society
What is mediation?
It is when a neutral mediator helps with discussions between the two parties to find a potential solution - THEY HAVE NO DECISION MAKING AUTHORITY
What are 2 benefits of mediation?
Confidential and Informal
Name 2 types of ADR service offered by the RICS Dispute Resolution Service
PACT and Arbitration
What is the difference between an independent expert and an expert witness?
Indy expert = dispute resolver who decides a dispute
Expert witness = appointed to present evidence to a dispute resolver
The primary duty of an expert witness is to…?
The tribunal! - It is not to the person who has appointed you
Name 3 requirements for expert witness evidence
Unbiased
Within their expertise
Truthful
