Conflict Avoidance and dispute resolution procedures Flashcards
1
Q
What are the 3 types of conflict?
A
- Party conflict
- Own interest conflict
- Confidential information conflict
2
Q
How can you avoid conflicts?
A
- Transparency
- Clear drafting of ToE’s
- Manage Expectations
- Keep records `
3
Q
What is an Alternative Dispute Resolution?
A
- Deal with conflicts
- Process that falls outside of court
4
Q
What are the benefits of ADR?
A
- Quick
- Informal (outside court)
- Lower cost
5
Q
What are the forms of ADR
A
- Mediation - Neutral person who facilitates discussions. Has no authority
- Arbitration - Arbitrator has more power, can order hearings or consider written representations.
- Independent Expert Witness
6
Q
What is your companies complaint handling procedure?
A
- Acknowledge in 5 days
- Written response a further 10 working days
- Complainant respond within 10 working days to escalate
- 5 days for Savills to send suggested resolute
- If not solved has option for use ADR
7
Q
What are the main processes when resolving a dispute?
A
NAM
Negotiation
Adjudicative process
Mediation