Conflict Avoidance and Dispute Resolution Procedures Flashcards
How can conflict be avoided?
Clear communication
Clear contract documentation (ToB)
Good project management
Good management of client expectations
Record Keeping
Proactive approach to task
Regular updates/contact
How can clear communication help?
Good communication is key to building trust, a significant amount if disputes arise from miscommunication.
Being open, honest & transparent using clear language, understanding the clients aim & objectives can avoid misunderstanding and subsequent disputes
What date did the RICS Statement Conflict of interest 1st Edn. come into effect?
1st Jan 2018
How are complaints handled within your firm?
- Provide CHP & ask for complaint in writing
- Inform supervisor - evaluates if complaint warrants raising with PII
- Complaints are handled within 28days with regular updates during this time
- If the complaint cannot be settled the complainant is signposted toward toward the RICS ADR service.
- RICS is notified in the annual return
Where can the CHP be found?
In the ToB
Why is negotiation an effective route to resolve dispute/conflict?
Parties can reach an amicable decision between themselves.
Cost effective
Most efficient
Can be used alongside other forms of ADR
What do you understand about ADR?
Alternative dispute Resolution
An external process to assist disagreeing parties to come to an agreement without resorting to litigation
Less time consuming that litigation
More cost effective than litigation.
the 3 Pillars of dispute resolution are -
Negotiation
Mediation
Arbitration
How are conflicts of interest managed in the firm?
What is the difference between conflict of interest and conflict?
Conflict of Interest - Anything that impedes or may be seen to impede an individuals/firms ability to act objectively, impartially & in the clients best interest
Conflict - Disagreement between parties
What are the 3 types of Conflict of Interest?
Own Interest Conflict
Party Conflict
Confidential Information Conflict
