Conflict Avoidance And Dispute Resolution Flashcards
What is conflict?
How would you avoid conflict?
- Good management
- Clear contract documentation
- Record keeping
- Regular reporting
What is a dispute?
What dispute methods are you aware of?
- Negotiation
- Mediation
- Conciliation
- Adjuducation
- Arbitration
- Litigation
Can you explain the difference between mediation and conciliation?
Mediator just facilitates whereas the conciliator will make a recommendation
What is the timeline of adjudication?
7 days to appoint an adjudicator
28 days to determine decision
What is the difference between adjudication and litigation?
Litigation is court proceedings whereas adjudication is determined by an adjudicator
What is arbitration?
- where disputes are determined by a private tribunal and is an alternative to litigation
Where might you find an appointment form?
RICS template
What is typically included within an appointment form?
- Terms of service
- People carrying out the work
- Insurances (including liabilities)
- Complaints handling procedure
- Fee proposal
- Payment schedule
If a client was prepared to pay you in advance for your services, how would you ensure this was dealt with?
Set up a separate client bank account
Provide a client statement
Inform and agree the drawdowns
On what grounds would you be able to ask the client for additional fee?
- Programme extension
- Scope of services has changed
How would you inform your client and request additional fees?
- Arrange a meeting to explain the additional fee claim
You are bidding for a project and the client suggests reducing your bid by £3,000 to win the tender, what do you do?
- Explain that this would not be fair
- Not acting with integrity
- The fee proposal was based on the initial tender
- A reduction of the fee proposal would not satisfy the tender
What measures should be taken to try and avoid PI claims?
- Good record keeping
- Clear terms of engagement
- Due diligence and professional competence
