Conflict avoidance

Question 1

What is the role of an advocate in the dispute resolution process?

Answer 1

1. TO PERSUADE AND NEGOTIATE:
   The advocate should frame the negotiations in a manner aimed at persuading the other side.
2. To protect the client and to appear reasonable calm and confident.

Question 2

What do you understand about PACT

Answer 2

Professional Arbitration on Court Terms.
Often used for lease renewals.
Only an option if both parties agree.
Pre or post issue

Advantages:

1. Cost Effective
2. Flexible
3. Quick
4. Quality of decision

Question 3

What is the difference between an independent expert and an arbitrator in dispute resolution process?

Answer 3

1. Evidence.
   Arbitrators act (as do judges) only on evidence and
   arguments submitted to them, but they can draw the
   Parties’ attention to matters of which they may not
   be aware.

Independent experts have the duty of investigation
to discover the facts, details of relevant comparable
transactions and all other information relevant to their
valuation.

2. Costs.
   In an arbitration, arbitrators can award that one Party
   shall pay all or part of the arbitrator’s fees and all or part of the other Party’s costs. They can also assess the quantification of those fees and costs.

Independent experts have no power to make any orders as to their fees, or as to the costs of a Party, unless such a power is conferred upon them by the Consent Order or Written Agreement.

3. Appeal
   There is some (albeit limited) right of appeal against
   the Award of an arbitrator on a point of law or serious irregularity.

There is no right of appeal against the Determination
of an independent expert, though in some very limited
circumstances the court may set it aside.

Question 4

What is the difference between an advocate and an expert witness?

Answer 4

Advocate:
Duty to client.
Job is to persuade and negotiate.

Expert Witness:
Duty to court.
Job is to express his independent expert opinion based on the information that is provided.