Conflict Avoidance and Dispute Resolution Flashcards
What is a conflict?
A conflict arises when there is a disagreement or clash of interests between parties involved in a project or transaction.
Example sentence: The conflict arose due to differing opinions on project priorities.
When do disputes arise in your role?
Disputes can arise over issues such as contract terms, project delays, payment disputes, or differences in interpretation of project specifications.
Example sentence: Disputes often arise when there are delays in project completion.
What can you do if negotiations break down?
If negotiations break down, alternative dispute resolution (ADR) methods such as mediation, arbitration, or adjudication can be pursued to resolve the conflict without resorting to litigation.
Example sentence: When negotiations broke down, we opted for mediation to find a resolution.
What is a conflict of interest?
A conflict of interest occurs when a professional’s personal interests could improperly influence their professional judgment or actions.
Example sentence: The conflict of interest arose when the contractor had a personal relationship with one of the suppliers.
What do the RICS Rules of Conduct say about avoiding conflicts of interest?
The RICS Rules of Conduct require members to identify, manage, and disclose any conflicts of interest to ensure transparency and maintain trust.
Example sentence: The RICS Rules of Conduct emphasize the importance of disclosing conflicts of interest.
Give examples of ways that conflict can be avoided.
Conflict can be avoided by:
● Clear communication and documentation.
● Setting realistic expectations.
● Regularly reviewing and updating contracts.
● Engaging in early dispute resolution mechanisms.
Why is good management important?
Good management is important because it ensures that projects are completed on time, within budget, and to the required quality standards, reducing the likelihood of disputes.
Example sentence: Good management practices led to the successful completion of the project ahead of schedule.
What are the benefits of clear contract documentation?
Clear contract documentation helps prevent misunderstandings, sets out the responsibilities of each party, and provides a reference point for resolving disputes.
Example sentence: The clear contract documentation helped clarify the roles and responsibilities of each party.
What is partnering or alliancing?
Partnering or alliancing involves collaborative working arrangements where parties share risks and rewards to achieve common project goals.
Why is good project or instruction management important?
Good project management ensures that projects are delivered efficiently, meet client expectations, and comply with regulatory requirements, reducing the risk of disputes.
Example sentence: Effective project management led to cost savings and improved client satisfaction.
How can good client management reduce conflict?
Good client management involves clear communication, setting realistic expectations, and addressing concerns promptly, which helps build trust and prevent conflicts.
Example sentence: Good client management resulted in a strong client relationship and fewer disputes.
Give examples of good payment practices.
Good payment practices include:
● Clear invoicing procedures.
● Prompt payment of invoices.
● Regular financial reporting and updates.
How can good record keeping avoid conflict?
Good record keeping provides a clear and accurate account of all project activities, decisions, and communications, which can be crucial in resolving disputes.
Example sentence: Detailed record keeping helped in resolving the dispute by providing evidence of the agreed-upon terms.
How do reporting and proactivity reduce conflict?
Regular reporting and proactive management help identify and address potential issues early, preventing them from escalating into conflicts.
Example sentence: Timely reporting and proactive measures prevented conflicts from arising during the project.
What are the three pillars of dispute resolution?
The three pillars of dispute resolution are negotiation, mediation, and arbitration.
Example sentence: The dispute was resolved through a combination of negotiation and mediation.
Who introduced these terms?
These terms are commonly used in the field of dispute resolution and are recognized by various professional bodies, including RICS.
Example sentence: The terms negotiation, mediation, and arbitration are widely accepted in the field of dispute resolution.
Give examples of each.
● Negotiation: Direct discussions between parties to reach a mutually acceptable agreement.
● Mediation: A neutral third party facilitates discussions to help parties reach a settlement.
● Arbitration: A neutral third party makes a binding decision to resolve the dispute.
How do mediation and conciliation differ globally?
Mediation and conciliation practices can vary globally in terms of procedures, cultural approaches, and legal frameworks. Understanding these differences is important for effectively managing international disputes.
Example sentence: Cultural differences played a significant role in the mediation process.
What is Alternative Dispute Resolution (ADR)?
ADR refers to methods of resolving disputes outside of the court system, including mediation, arbitration, and adjudication.
Why might you prefer to pursue ADR rather than litigation through the Courts?
ADR is often preferred because it is typically faster, less formal, and more cost-effective than litigation. It also allows for more flexible and creative solutions.
Example sentence: ADR was chosen to avoid lengthy court battles and reach a quicker resolution.
Tell me about a conflict of interest check you have carried out.
I conducted a conflict of interest check by reviewing all potential connections and interests related to a new client project. I disclosed any potential conflicts to my supervisor and ensured that appropriate measures were taken to manage them.
What would you do if you identified a perceived/actual conflict of interest?
If I identified a perceived or actual conflict of interest, I would disclose it to all relevant parties and take steps to manage or eliminate the conflict, such as recusing myself from the decision-making process.
Can you tell me about any RICS guidance relating to conflicts of interest?
RICS provides guidance on managing conflicts of interest in its professional standards and guidance documents, emphasizing the importance of transparency and ethical behavior.
What is the practice of dual agency/double dipping?
Dual agency, or double dipping, occurs when a professional represents both parties in a transaction, which can lead to conflicts of interest.
Can you tell me about any recent RICS guidance relating to dual agency/double dipping?
RICS has issued guidance to ensure that dual agency practices are managed transparently and ethically, with clear disclosure to all parties involved.
What is the difference between an arbitrator and an independent expert?
An arbitrator makes a binding decision to resolve a dispute, while an independent expert provides an opinion on a specific issue within their expertise, which may or may not be binding.
Can you tell me about any other types of ADR?
Other types of ADR include conciliation, early neutral evaluation, and dispute review boards.
Can you tell me about mediation/conciliation/adjudication?
● Mediation: A facilitated negotiation process where a mediator helps parties reach a voluntary agreement.
● Conciliation: Similar to mediation, but the conciliator may take a more active role in proposing solutions.
● Adjudication: A process where an adjudicator makes a binding decision on a dispute, often used in construction contracts.
What are the types of ADR besides mediation?
Conciliation, early neutral evaluation, and dispute review boards
Example sentence: Can you tell me about mediation/conciliation/adjudication?
What governs dispute resolution during insolvency or bankruptcy proceedings?
Insolvency laws and regulations
May include specific provisions for ADR
What is a Dispute Review or Recommendation Board (DRB)?
A panel of independent experts established at the beginning of a project to assist in the management and resolution of disputes
The DRB provides recommendations or decisions on disputes that arise during the project, aiming to prevent conflicts from escalating
What is a Dispute Adjudication Board (DAB)?
Similar to a DRB but has the authority to make binding decisions on disputes
The DAB is established at the start of a project and remains in place throughout its duration to adjudicate any disputes that arise
What are the relevant timescales for adjudication?
Adjudicator must make a decision within 28 days of the referral notice
Period can be extended by agreement between the parties
Which Act governs adjudication?
Housing Grants, Construction and Regeneration Act 1996
Commonly known as the Construction Act
What is the basic principle of adjudication?
To provide a quick, cost-effective, and binding resolution to disputes arising under construction contracts
Ensures disputes are resolved promptly, allowing work to continue without significant delays
What claims is adjudication appropriate for?
Payment disputes, variations, extensions of time, defects, final account disputes
Example sentence: What claims is adjudication appropriate for?
What is the aim of adjudication?
To reach fair, rapid, and cost-effective decisions on disputes
Ensures construction projects can proceed without prolonged interruptions
Explain the various adjudication services provided by RICS.
Commercial Construction Adjudication, Low Value Adjudication, Summary Adjudication, Consumer Homeowner Adjudication
Designed for different parties and types of disputes
