Conflict Avoidance Flashcards
What are the methods of dispute resolution?
Litigation, Negotiation, Mediation and Arbitration
What is litigation?
Suing with a civil lawsuit in the public court system
What is negotiation?
Discussion between parties aimed at resolving a dispute
What is mediation?
A neutral party (a mediator) helps parties reach an agreement to resolve a dispute.
What is arbitration?
A neutral third part (an arbitrator) Imposes a decision on the parties to resolve a dispute.
What legislation is there in place regarding dispute resolution?
The Arbitration Act 1996
What procedures can you adopt to avoid disputes?
Setting expectations: be 100% clear about the service you provide
Communicating clearly: take accurate notes of everything and ensure both sides have the full picture.
Agree a dispute resolution protocols in advance
What options are there for dispute resolution?
- Negotiation
- Litigation - Court, PACT
- ADR - mediation, conciliation, arbitration, expert determination
What is conciliation?
A third party that will try to offer solutions to the other two parties
Tell me about arbitration?
Private and confidential
governed by arbitration act 1996
Appointed if the lease calls for one
Have to work with the evidence given by the two parties
cannot be sued for negilgence unless they break the law
Can make an award
What is an expert witness?
A witness called to court to provide evidence, used by the independent expert
What are the three formal forms of dispute resolution?
- Litigation
- Adjudication
- Arbitration
What is adjudication?
Adjudication is where the outcome is determined by a third party who imposes a binding decision on the process.
What can an arbitrator decide upon?
Section 24a - Interim Rent
Section 32 - the Property comprised
Section 33 - The term
Section 34 - The Rent
Section 35 - Other terms
What is PACT?
Professional Arbitration on Court Terms - Joint initiative by RICS and Law society for lease renewal disputes specifically.
What is the RICS’ Dispute Resolution Service?
The RICS supplies experts and arbitrators for disputes that can act in accordance with lease terms
It is a conflict avoidance/ resolution service
What are the advantages of ADR?
It is an alternative to court
Court is costly, time consuming and involves a lot of people
Parties can save money by pursuing ADR rather than court
You can also pursue informal methods
What is the difference between an expert witness and an independent expert?
Expert witness acts in court and acts in lease renewal disputes.
Independent expert resolves disputes at rent review.
What is your firms complaints handling procedure?
- Complaints are to be made in writing
- Complaints are to be addressed to the Group Company Secretary
- They are to be recorded on the complaints log
- Once recieved, they are to be acknowledged within 7 days.
- The process is monitored and the matter is to be dealt with within 21 days
- If a solution is cannot be found, it may be progressed to the independant redress scheme ( a third party)
