Conflict avoidance Flashcards
What is conflict avoidance?
Conflict avoidance is a method of managing and reacting to conflict. It is important to know why conflict may arise and how to avoid it.
What are common causes of conflict?
Common causes of conflict include: Money, Delays, Unclear Instructions, Professional negligence, Objective differences, Personalities/emotions, Difference in professional opinion.
What are the techniques for dispute resolution?
Techniques for dispute resolution include: Negotiation, Mediation, Adjudicative process, Independent Expert determination, Arbitration, Valuation Tribunal/Lower Tier Tribunals, Litigation/Court proceedings.
What is Alternative Dispute Resolution?
ADR is a procedure to resolve conflicts between parties and to avoid litigation.
Types of ADR include Mediation, Arbitration, Independent Expert Determination, Adjudication, and Early neutral evaluation.
What is mediation?
Mediation is a confidential process where a neutral party facilitates negotiations between the parties; it is not binding.
What is conciliation?
Conciliation is similar to mediation, but a conciliator expresses their opinion and creates a settlement proposal.
What are advantages of Alternative Dispute Resolution?
Advantages of ADR include: Speed, Informal process outside court, Greater opportunity for negotiation, Cost-effectiveness, Confidentiality.
What are the disadvantages of Alternative Dispute Resolution?
Disadvantages include: Potential delays if unsuccessful, Usually not legally binding (except arbitration), Requires agreement from all parties, No guaranteed resolution, Ineffective third party may hinder resolution.
What is a Dispute board?
A Dispute board is a group assigned to a project from inception to identify and prevent potential disputes.
What does Professional Arbitration on Court Terms (PACT) deal with?
PACT usually deals with lease renewals but can be used for other matters if parties agree.
What ADR services are provided by RICS?
RICS provides services such as RICS Dispute Resolution Service, Boundary Disputes Mediation Service, and Professional Arbitration in Court Terms.
What does RICS Practice Statement Surveyors Acting as Expert Witness 2020 state?
It states the duty of care to the court, need for conflict-of-interest check, requirement for written Terms of Engagement, unbiased advice, stating facts and assumptions, prohibition on conditional fee basis, and inspection requirements.
What does RICS Professional Statement Surveyors Acting as Advocate 2017 state?
It states the obligation to act in the best interests of the client, only in areas of expertise, confirming instructions in writing, not mis-stating facts, and maintaining judicial integrity.
What is the current hierarchy of the courts (valuation)?
The hierarchy includes: First tier tribunal, Upper Tribunal, Court of Appeal, UK Supreme Court.
What is Adjudication?
Adjudication involves a third party reviewing a case and making an enforceable decision within a strict 28-day timescale.
What is Litigation?
Litigation is the resolution of disputes in public courts following statutory procedures.
What is the difference between adjudication and litigation?
In litigation, the court’s judgment is public; adjudicator’s decisions are rarely public and can be confidential.
What are the Civil Procedure Rules 1998?
These rules improve the legal system, making it quicker, cheaper, and easier to understand through the introduction of ADR.
What is the Dilapidation Protocol?
The Dilapidation Protocol is a conflict avoidance method to manage damages claims or dilapidation stages.
What is the role of the RICS in Dispute Resolution?
RICS runs the RICS Dispute Resolution Services, which is the largest provider of ADR services, offering guidance and various dispute resolution services.
How do you decide which ADR to use?
The decision is stated in the complaints handling procedure, Terms of Engagement, or specified on the lease.
What are the three types of conflict and what do they involve?
Party conflict- relating to work on the same or related instruction for two different parties
Own interest conflict- relating to a personal interest
Confidential Information conflict- relating to work between two parties which is confidential
What is arbitration?
Involves the parties agreeing to refer the dispute to a third party and agree to be bound by the arbitrator’s decision. A lawsuit without going to court.
