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.
