Conflict Avoidance and Dispute Resolution Flashcards
How can you avoid conflict in the first instance?
1) Following RICS standards, professional statements, and guidance notes.
2) Following company procedures
3) Ensure continuous, effective communication between all parties.
What is the most common cause of disputes?
1) Commercial aspects
2) Unclear instructions (or verbal instructions)
3) Unclear scope of service
What is dispute resolution?
Dispute resolution refers to processes that can be used to resolve a conflict, dispute, or claim.
What is alternative dispute resolution (ADR)?
ADR refers to an means to resolve a dispute in alternative methods to the legally binding approaches, such as litigation and arbitration.
What are the different types of ADR?
MAN
Mediation
Adjudication
Negotiation
How would you deal with a conflict occurring?
1) Raise the issue with all parties and try to resolve it through communication and negotiation.
2) A face-to-face meeting is usually the best way to find a resolution.
What would indicate a successful negotiation?
1) All parties come away happy
2) Costs agreed within the Client’s budget
3) The negotiation is resolved in a timely manner
What is the TCC?
Technology and Construction Court
What does the TCC do?
Handles disputes about buildings, engineering, and surveying.
What is the value of dispute required for the TCC to resolve?
Typically over £250,000 unless there is good reason.
What is mediation?
An independent, neutral third party system that facilitates discussions between them, with the goal of reaching a settlement.
Mediation encourages coming together and agreeing. It is by mutual agreement, and it is non-binding.
The mediator does not award a winning party.
What is concillation?
A process similar to adjudication, where a conciliator seeks to facilitate a settlement between parties. The conciliator conducts a process whereby each party states their position and attempts to work on a compromise.
The conciliator prepares a recommendation, and if neither party dissents from that recommendation or initiates adjudication / arbitration, then the recommendation is final and legally-binding.
What is the difference between mediation and conciliation?
In mediation, the mediator acts as a facilitator.
In conciliation, the facilitator plays a more direct role in finding a solution to the dispute.
What is negotiation?
The process whereby the parties work out between themselves to resolve the issues arisen.
The negotiation ends when both parties come to an agreement, and requires cooperation between both parties.
What is an expert witness?
An expert witness is someone who has experience and knowledge in a particular field beyond what is expected of a layman. An expert witness makes their knowledge available to the court or other bodies to reach a just and reasoned decision.
