Conflict avoidance Flashcards
What factors affect the decision in method of dispute resolution?
- Cost
- Access
- Confidentiality
- Speed
What are the advantages of alternative dispute resolution?
- Speed - quicker than court
- Informality - settled outside court
- Cost - less money spent on professional fees
- Quality - decisions made by surveyor not judge
- Confidentiality
What are some characteristics of arbitration?
Award is produced that binds parties
Arbitrator invites each party to present evidence
Arbitrator will have specialist knowledge
May be trained by RICS dispute resolution service
Have the power to award costs
What are the characteristics of independent expert?
Can be appointed by agreement of the parties
Determination is produced that binds the parties
Will have specialist knowledge
May be trained by RICS dispute resolution service
Make their own investigations and knowledge to reach a decision and parties don’t present evidence
What are the characteristics of mediation?
Facilitates discussions between parties
Conducted on a without prejudice basis- statements cannot be used in court
No decision making authority and cannot impose a resolution
What are the characteristics of an expert witness?
Provides specialist knowledge to assist a court of tribunal in understanding complex issues
Base their opinions on the evidence only to assist with decision making
The testimony itself is not legally binding but helps influence the outcome of the case
What are the characteristics of advocates?
Appointed by a client to present their case using arguement
Owes duty of care to both the tribunal and court
What is the key professional standard on conflicts of interest?
RICS Professional Standard: Conflicts of Interest (2017)
What is my firms form of dispute resolution?
Property redress scheme
When might the RICS get involved in a dispute?
If the complainer cannot get through to the surveyor
