Conflict avoidance and dispute resolution Flashcards
What are the main methods for dispute resolution?
Mediation, adjudication, arbitration, expert determination.
What is informed consent?
When a party knows there’s a conflict of interest but still instructs the surveyor.
What would you do if there was a landlord and tenant who both wanted you to act for them, how would you handle it internally after informed consent?
Can proceed because of informed consent but would get another one of the firm’s surveyors to act for one of the parties.
How could I still act where there was a conflict of interest?
Getting informed consent from the client.
How would you avoid conflict of interest? Who would you speak to in your firm?
We use software highlighting conflicts, speak to job owner [or compliance team], wouldn’t act if I felt impartiality could be affected.
Can you give me 3 ADR methods and a brief explanantion for each?
- Mediation: Negotiate a settlement, not legally binding.
- Adjudication: 28-day procedure, decision is binding but can be overturned later by court or arbitration.
- Arbitration: Similar to court proceedings but private and confidential, arbitrator’s decision (an award) is final and legally binding - can’t take the case to court.
- Expert determination: Similar to arbitration but typically focuses on technical issue rather than legal, binding or non-binding.
What is the second stage of handling complaints if a client is unhappy with the initial response?
The client can have their complaint reviewed by an independent party (approved by RICS).
You mentioned a complaints handling log but as you are a sole practitioner, how can you handle all complaints and be the complaints handling officer when it is just you?
Follow pre-written complaints handling procedure, escalate to third-party if client still not happy.
What are the 3 types of conflict?
- Party (client conflict - interests of one client conflict with another client on same instruction).
- ‘Own interest’ (same company/surveyor - interests of a firm conflict with the interests of that same firm on the same instruction).
- Confidential information (conflict between a firm’s duty to provide information to one client and their duty to another client to keep that same information confidential).
What is confidential information?
Private information that should not be shared with others.
What is the difference between arbitration and expert determination?
- Arbitration: Similar to court proceedings but private and confidential, arbitrator’s decision (an award) is final and legally binding - can’t take the case to court.
- Expert determination: Similar to arbitration but typically focuses on technical issue rather than legal, binding or non-binding.
Is there an RICS document which discusses conflict avoidance?
Yes, Conflict Avoidance and Dispute Resolution in Construction.
