Conflict Avoidance Flashcards
What is the difference between Conflict Avoidance and Conflict Management?
Conflict Avoidance:
Taking steps to avoid any conflict, being risk adverse
- Drafting docs carefully, being clear in negotiations
Conflict Management:
Managing disagreements and disputes
What is Dispute Resolution?
The resolution of a dispute between two or more parties through negotiation for example
What is Arbitration?
Where a neutral arbitrator works with parties to resolve a dispute
What is the Arbitration Act 1996
It is the legislative framework regarding Arbitration
Why is Arbitration effective?
It is a fast, cost effective and confidential method of dispute resolution.
How are Arbitration proceedings normally dealt?
Via written representatives
What is Mediation?
A neutral mediator finds s solution to a dispute. Is an informal method of Dispute Resolution.
What does PACT stand for?
Professional Arbitration on Court Terms
What is PACT? (Professional Arbitration on Court Terms)
A form of Alternative Dispute Resolution to tenancy renewals under the Landlord & Tenant Act 1954.
Can a surveyor act as an Expert Witness?
Yes.
Where would a surveyor act as an Expert Witness?
At tribunal.
What rules must an Expert Witness adhere to?
The rules of the tribunal
Who does an Expert Witness owe a duty to?
The tribunal
What must a surveyor be to act as an Expert Witness?
Competent in the said field
Where can a surveyor represent a client as an Advocate?
At tribunal
Can Expert Witness’ evidence must be independent and unbiased.
Ture or False?
True
An Advocate’s evidence must be…
Fair, honest and trustworthy
Who does an Advocate owe a duty to?
The client
What is the difference between an Expert Witness and an Advocate?
An Expert Witness is paid by the client but owes a duty to the tribunal.
An Advocate is paid by the client and owes a duty to the client. They can weight evidence in their clients favour to advance their case.
What can an Advocate do to evidence to advance their clients position?
They can weight evidence to help their clients position
What is the difference between and Expert Witness and an Arbitrator?
An arbitrator is bound to make a decision based on the evidence provided
An Expert Witness can make a decision based on their ‘expert opinion’
