Conflict Avoidance And Dispute Resolution Procedures

Question 1

What is the definition of a conflict?

Answer 1

A situation where the duty of an RICS member or firm is to act in the interest of a client or other party in a professional. assignment conflicts with a duty owed to another.

Question 2

What are the three types of conflict?

Answer 2

Personal
Party
Confidential information

Question 3

Have you ever had a conflict?

Answer 3

No but I ensure I use my companies CRM to check the status of the client, borrower and property before undertaking an instruction.

Question 4

If there was a conflict that you felt could be managed, how would you do this?

Answer 4

I would manage a conflict by putting information barriers in place. This would be done after reviving written consent from both parties.

Question 5

What is a section 21 notice?

Answer 5

A notice on a set of market particulars addressing an internal conflict of interest

Question 6

What are the three main processing for resolving disputes?

Answer 6

Negotiation
Mediation
Adjudication or arbitration

Question 7

What are the advantages of using an alternative dispute resolution?

Answer 7

Speed
Opportunity to negotiate
Cost
Quality of decision making
Confidentiality

Question 8

What is mediation?

Answer 8

This involves the use of a mitral mediator who facilitated discussions between two parties

Question 9

What is arbitration?

Answer 9

An arbitrator is appointed in a quasi-judicial role in scoffed with the arbitration act 1996
Parties are bound by the arbitrators decisions

Question 10

What is adjudication?

Answer 10

This is typically used in construction payment disputes.

Question 11

What is independent expert determination?

Answer 11

An independent expert is appointed by the two parties or by the President of the RICS.
Both parties are bound by the decision
The expert has expert knowledge of the subject matter.

Question 12

What is your firms alternative dispute resolution provider?

Answer 12

CEDR
Centre of
Effective
Dispute
Resolution

Question 13

When does a surveyor provide evidence to a judicial or quasi-judicial body?

Answer 13

As an expert witness

Question 14

Can a surveyor act for a client in a judicial / tribunal hearing?

Answer 14

Yes as an advocate

Question 15

What order must you use Alternative Dispute Resolutions?

Answer 15

You must use mediation before using arbitration or independent expert