Conflict Avoidance and Dispute Resolution Flashcards

1
Q

What is a conflict?

A

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.

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2
Q

When do disputes arise in your role?

A

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.

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3
Q

What can you do if negotiations break down?

A

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.

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4
Q

What is a conflict of interest?

A

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.

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5
Q

What do the RICS Rules of Conduct say about avoiding conflicts of interest?

A

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.

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6
Q

Give examples of ways that conflict can be avoided.

A

Conflict can be avoided by:
● Clear communication and documentation.
● Setting realistic expectations.
● Regularly reviewing and updating contracts.
● Engaging in early dispute resolution mechanisms.

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7
Q

Why is good management important?

A

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.

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8
Q

What are the benefits of clear contract documentation?

A

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.

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9
Q

What is partnering or alliancing?

A

Partnering or alliancing involves collaborative working arrangements where parties share risks and rewards to achieve common project goals.

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10
Q

Why is good project or instruction management important?

A

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.

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11
Q

How can good client management reduce conflict?

A

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.

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12
Q

Give examples of good payment practices.

A

Good payment practices include:
● Clear invoicing procedures.
● Prompt payment of invoices.
● Regular financial reporting and updates.

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13
Q

How can good record keeping avoid conflict?

A

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.

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14
Q

How do reporting and proactivity reduce conflict?

A

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.

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15
Q

What are the three pillars of dispute resolution?

A

The three pillars of dispute resolution are negotiation, mediation, and arbitration.

Example sentence: The dispute was resolved through a combination of negotiation and mediation.

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16
Q

Who introduced these terms?

A

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.

17
Q

Give examples of each.

A

● 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.

18
Q

How do mediation and conciliation differ globally?

A

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.

19
Q

What is Alternative Dispute Resolution (ADR)?

A

ADR refers to methods of resolving disputes outside of the court system, including mediation, arbitration, and adjudication.

20
Q

Why might you prefer to pursue ADR rather than litigation through the Courts?

A

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.

21
Q

Tell me about a conflict of interest check you have carried out.

A

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.

22
Q

What would you do if you identified a perceived/actual conflict of interest?

A

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.

23
Q

Can you tell me about any RICS guidance relating to conflicts of interest?

A

RICS provides guidance on managing conflicts of interest in its professional standards and guidance documents, emphasizing the importance of transparency and ethical behavior.

24
Q

What is the practice of dual agency/double dipping?

A

Dual agency, or double dipping, occurs when a professional represents both parties in a transaction, which can lead to conflicts of interest.

25
Q

Can you tell me about any recent RICS guidance relating to dual agency/double dipping?

A

RICS has issued guidance to ensure that dual agency practices are managed transparently and ethically, with clear disclosure to all parties involved.

26
Q

What is the difference between an arbitrator and an independent expert?

A

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.

27
Q

Can you tell me about any other types of ADR?

A

Other types of ADR include conciliation, early neutral evaluation, and dispute review boards.

28
Q

Can you tell me about mediation/conciliation/adjudication?

A

● 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.

29
Q

What are the types of ADR besides mediation?

A

Conciliation, early neutral evaluation, and dispute review boards

Example sentence: Can you tell me about mediation/conciliation/adjudication?

30
Q

What governs dispute resolution during insolvency or bankruptcy proceedings?

A

Insolvency laws and regulations

May include specific provisions for ADR

31
Q

What is a Dispute Review or Recommendation Board (DRB)?

A

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

32
Q

What is a Dispute Adjudication Board (DAB)?

A

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

33
Q

What are the relevant timescales for adjudication?

A

Adjudicator must make a decision within 28 days of the referral notice

Period can be extended by agreement between the parties

34
Q

Which Act governs adjudication?

A

Housing Grants, Construction and Regeneration Act 1996

Commonly known as the Construction Act

35
Q

What is the basic principle of adjudication?

A

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

36
Q

What claims is adjudication appropriate for?

A

Payment disputes, variations, extensions of time, defects, final account disputes

Example sentence: What claims is adjudication appropriate for?

37
Q

What is the aim of adjudication?

A

To reach fair, rapid, and cost-effective decisions on disputes

Ensures construction projects can proceed without prolonged interruptions

38
Q

Explain the various adjudication services provided by RICS.

A

Commercial Construction Adjudication, Low Value Adjudication, Summary Adjudication, Consumer Homeowner Adjudication

Designed for different parties and types of disputes