Conflict Avoidance/ADR Flashcards
How can you avoid conflicts?
Clear and concise terms of engagement
Understanding client objectives
Understanding what could go wrong and how to avoid it
Keeping good records/audit trail
What is dispute resolution?
resolution of a result between two or more parties
Could be negotiation to resolve themselves
Could be litigation
ADR provides alternative routes
Types of ADR?
Arbitration
Independent Expert determination
Mediation
Ombudsman
What does ADR stand for and what is it?
Alternative Dispute Resolution - a way of resolving disputes without going to court
Could be e.g. rent review, service charge, lease rights etc
What is the benefit of ADR over court/litigation?
Speed
Cost
Confidentiality
Informality (out of court)
Greater opportunity for negotiation
What does the RICS DRS provide?
Provides ADR services including arbitration, independent expert determination, Adjudication
What is arbitration?
An arbitrator decides a dispute acting in accordance with the Arbitration Act 1996
An award is produced which binds both parties
An arbitrator will have specialist knowledge of the subject area
Proceedings are normally dealt with via written representations, but the arbitrator has the power to call a hearing
Have the power to award costs
Cannot be sued for negligence
Can be fast, cost effective and confidential
What is independent expert determination?
an independent expert is appointed and a determination is produced that binds the parties
An independent expert has specialist knowledge of the subject area
Independent experts make their own investigations and use their knowledge and experience to reach a resolution
Can in theory be sued for negligence but it is very difficult to overturn a determination
can be fast, cost effective and confidential
What is mediation?
A neutral mediator facilitates discussions
typically on a ‘without prejudice basis’
The mediator has now decision making authority and cannot impose a resolution
What role can a surveyor play in dispute resolution proceedings?
A surveyor could act as an expert witness or an advocate
What is an expert witness?
A surveyor can act as an expert witness in front of a tribunal
The primary duty of the expert witness is to the tribunal, not to whom they are appointed by
Must be independent and unbiased, cannot be appointed on a success related fee basis
What are Cluttons’ ADR services?
Property Ombudsman for consumers
Arbitration for businesses
What is the Property Ombudsman?
The Property Ombudsman is a not-for-profit ombudsman scheme that provides an independent review of complaints made by consumers
e.g. for negligence/incompetence/poor service
Could be a complaint against an estate agent
provides a free service, easy to access for consumers
