Conflict Avoidance / Dispute Resolution - Level 1 (Ready) Flashcards
Can you tell me about the RICS Global Professional Statement on Conflicts of Interest (2017)
- Sets out mandatory guidance for how RICS members are to manage and avoid conflicts of interest
- Maintain confidentiality unless permitted by law
- Must identify and manage conflicts of interest
- Keep records of decisions made
- Keep record of when informed consent is obtained
- Outline measures taken to avoid conflicts arising
Can you tell me about RICS Dispute Resolution in respect of rent review determination?
PACT (Professional Arbitration on Court Terms)
What is an Independent Expert?
A quasi-judicial role in which a surveyor acts as an independent expert with in-depth knowledge of the subject matter of dispute
- Free to make their own decisions / investigations
- Makes binding decision
- Must give each party reasonable opportunity to be heard
What is an Arbitrator?
A quasi-judicial role in which independent third party investigates the dispute
- Must use evidence and arguments submitted by parties
- Makes binding decision
How would you carry out a conflict of interest check?
- Using Microsoft Excel to check our internal database and see if any of my colleagues have had previous involvement with a potential development opportunity
What is unconscious bias?
Learned stereotypes that are automatic, unintentional, deeply ingrained, universal, and able to influence behaviour
How can you prevent unconscious bias?
Training to make people aware of their own biases to help manage them
How can you avoid a conflict?
- Understanding what might go wrong
- Managing expectations
- Negotiating contractual obligations
- Keeping good records with sufficient detail
- Clear drafting of contract or lease
What are the THREE main processes available in resolving disputes?
- Negotiation
- Mediation
- Adjudication
What are the advantages of ADR?
- Quick
- Informal
- Confidential
- Cheap
- Quality of decision making
- Greater opportunity for negotiation
What form of arbitration can be used in lease renewals?
PACT (Professional Arbitration on Court Terms)
Who is an expert witnesses primary care of duty to?
The Court
What is “hot tubbing”
Where multiple expert witnesses ask each other questions on the same case
What is the difference between arbitration and independent expert determination
- Arbitrator can only make decisions based on evidence provided
- Arbitrator is not liable for negligence and cannot be sued
- Arbitrator can decide how fees are apportioned between parties, parties can decide how independent expert fees apportioned
- Arbitrator governed by Arbitration Act 1996 / Independent Experts governed by common Law
Who is an independent expert appointed by?
President of the RICS or by agreement of the parties
