Conflict Avoidance

Question 1

Common causes of dispute

Answer 1

. Unclear brief.
. Unclear roles
. Poor comms
. Relationships breakdown

Question 2

How to avoid disputes (4)

Answer 2

. Clear comms
. Good relationships
. Clear roles
. Early warning systems

Question 3

Is conflict good

Answer 3

No, discussion/ debate can be good but not full blown conflict

Question 4

Steps for negotiation (5)

Answer 4

. info
. parameters
. Common goal
. Win win
. Closure

Question 5

Types of dispute resolution

Answer 5

. Statutory (litigation and adjudication)
. Alternative
. Contractual (arbitration)
. Consensual (negotiation)

Question 6

Statutory dispute resolution

Answer 6

Litigation
. Through the courts

Adjudication
. Rights granted through HGCRA (housing grants, construction regeneration act 1996)
. Notice of dispute.
. Adjudicator appointed. Claimant must issue evidence within 7 days
. Adjudicator has 28 days to issue a decision
. Decision is binding and usually enforceable

Question 7

Contractual dispute res

Answer 7

Arbitration
. Similar to litigation but without involving the court
. Arbitration act 1996
. Impartial 3rd party, can grant legal costs
. Required both parties to sign arbitration agreement

Question 8

Consensual dispute res

Answer 8

. Negotiation
. Mediation

Question 9

What are nominating bodies for adjudication?

Answer 9

. RICS (Royal Institute of Chartered Surveyors)
. RIBA. (Royal Institute of British Architects)
. CEDR (Centre for Effective Dispute Resolution)

Question 10

Adjudication vs arbitration

Answer 10

. Adjudication is less formal
. Adjucaiton is easier to appeal
. Adjudication auto applied to all construction contracts under HGCRA

.adjudication faster
. Adjudication allows work to continue

Question 11

How to manage conflict

Answer 11

BILEP
. Be aware of it
. Investigate the situation
. Let everyone have their say - identify all opinions
. Evaluate Constantly
. Preventative strategies

Question 12

RICS role in dispute resolution

Answer 12

. Guidance notes and training
. Can appoint arbitrators
. Dispute resolution service
- adjudication and arbitration services
- mediation
- PACT , lease renewal disputes
- dilapidations disputes

Question 13

Surveyors as expert witness in disputes

Answer 13

Expert witness
. Can assist in tribunal with the topic of their expertise
. Duty is to the tribunal, not to the client

Evidence must be
. Independent and unbiased
. State facts and any assumptions
. Remain impartial

If appointed as expert witness:
. Advise that RICS practice note will apply
. Supply client with copy of RICS expert witness client guide
. Notify client that their duty is to tribunal and CHP will not apply
. Check no conflict of interest
. Ensure written record of appt as expert witness

Question 14

Surveyor as advocate in dispute res

Answer 14

. Appt to present the case for the client
. Duties to client but overriding duty to tribunal

Must:
. Act in best interest of client
. Advance clients case by fair and proper means
. Have adequate PI

Question 15

RICS on conflict avoidance

Answer 15

RICS guidance note: Conflict avoidance and dispute resolution in construction

Contractual
. Clear contract docs
. Partnering/alliancing

Management
. Project
. Design team
. Client
. Contractor

Payments
Reports
Recording

Question 16

Process of adjudication

Answer 16

Adjudication
. Rights granted through HGCRA (housing grants, construction regeneration act 1996)
. Notice of dispute.
. Adjudicator appointed. Claimant must issue evidence within 7 days
. Adjudicator has 28 days to issue a decision
. Decision is binding and usually enforceable

Question 17

What if you get appointed as an expert witness?

Answer 17

If appointed as expert witness:
. Advise that RICS practice note will apply
. Supply client with copy of RICS expert witness client guide
. Notify client that their duty is to tribunal and CHP will not apply
. Check no conflict of interest
. Ensure written record of appt as expert witness