Conflict Avoidance and Dispute Resolution Flashcards
What is PACT?
Professional Arbitration on Court Terms. A joint initiative between RICS and the Law Society.
You are dealing with a commercial property and a dispute arises. What are the benefits of ADR?
Cheaper and quicker than litigation and can be kept confidential.
What are the different forms of ADR?
NAMA - negotiation adjudication, mediation and arbitration
Talk through the RICS PS Conflicts of Interest
2017 PS. 3 parts - PS, general commentary, supplementary commentary. 3 conflicts - party (2 clients), personal, confidential information. RICS members must not advice/represent clients where a COI exists unless prior informed consent.
What is a conflict of interest?
when impartiality is called into question. A situation in which the duty of a member conflicts with another duty.
When is prior informed consent appropriate?
If you are satisfied that for you to continue is in the interest of everyone, is not prohibited by law and does not prevent you from providing dilligence/competent/objective advice.
How do you avoid COI?
identify each client and confirm against firm register.
What kinds of conflict can there be?
Party, personal, confidential. Party = 2 contractual competing clients. Personal = I personally have an interest in the outcome. Confidential info = I hold sensitive info that would help further an instruction.
How would you manage a conflict?
If I had to - Chinese wall, password protect, info barrier, work in separate offices.
What is mediation? When might it be used?
Facilitative resolution - third party assists others come to a resolution but doesn’t express their own opinion. Low cost, flexible, can be quick but non-binding.
What is arbitration? When might it be used?
Arbitrator relies on written submissions from parties. Award is final and binding. Used in RR.
What is expert determination?
When might it be used? Expert makes own investigations into matter. No statutory right of appeal but can be sued for negligence. Can be used for RR / SC disputes.
Are you familiar with other methods of ADR?
PACT - RICS & Law Society initiative. ADR for lease renewals.
What are the advantages of ADR?
Quicker than litigation.
What are the three stages of dispute resolution?
Try to negotiate first; then try mediation; then try adjudicative process (third party decides).
