Conflict avoidance, management and dispute resolution procedures

Question 1

Tell me about the RICS professional statements Conflicts of Interest 2017

Answer 1

• Firms must have systems in place to manage CoI
• Defines CoI
• When you proceed despite CoI informed consent must be sought (Chinese wall, information barrier)
  Types
• Own interest
• Party
• Confidential information

Question 2

Tell me about the Complaints Handling 2016

Answer 2

• GN
• CHP
• Terms of engagement

Question 3

What are the causes of disputes and techniques for avoidance

Answer 3

• Complaints occur when expectations have not been met (quality, scope, time etc)
• ToE set out the context when a complaint can be made
• Negotiation

Question 4

What are the advantages/disadvantages of different dispute resolution procedures Mediation

Answer 4

Advantages:

• preserving relationships
• speed

Disadvantages

• aspect of case may be disclosed
• non-binding

Question 5

What are the advantages/disadvantages of different dispute resolution procedures Arbitration

Answer 5

Advantages

• Binding
• Expertise

Disadvantages

• Cost
• Joinder of proceedings

Question 6

What are the advantages/disadvantages of different dispute resolution procedures Adjudication

Answer 6

Advantages

• Confidentiality
• Expertise

Disadvantages

• Party costs
• Relationships

Question 7

What are the advantages/disadvantages of different dispute resolution procedures Independent Expert determination

Answer 7

Advantage

• Expertise
• Speed

Disadvantages

• Binding
• Relationships

Question 8

What are the advantages/disadvantages of different dispute resolution procedures Professional Arbitration on Court Terms PACT

Answer 8

Advantages

• Binding
• Confidentiality

Disadvantages
- Court involvement

Question 9

Tell me about The Property Ombudsman and its role in alternative dispute resolution

Answer 9

• ADR service

- designed to achieve a full and final settlement of the dispute and all claims made by either party.

Question 10

Tell me about the valuation tribunal

Answer 10

• The tribunal is independent of government

- listen to both sides before making a decision.

Question 11

Tell me about the role of litigation in conflict resolution.

Answer 11

• legal action through the Courts

- used where ADR fails to produce a solution

Question 12

Methods of dispute avoidance

Answer 12

• Negotiation
• Risk management
• Early warning signs

Question 13

What is Mediation

Answer 13

• confidential process
• parties in dispute invite a neutral individual to facilitate negotiations
• View to achieving a resolution of their dispute.

Question 14

Arbitration

Answer 14

• legal proceeding under the Arbitration Acts
• arbitrator reaches a decision on the basis of evidence put before him
• sometimes at a formal hearing
• arbitrator’s decision is enforceable

Question 15

What is Adjudication?

Answer 15

• Adjudicator assesses evidence presented by the parties
• Reaches legally binding decision
• Unless it is referred to arbitration or the courts
• Most cases - final resolution achieved when adjudicator has reached decision.​

Question 16

What are Dispute Resolution Boards?

Answer 16

Involves a board of individuals that resolves disputes on construction projects​

Mainly used for large construction projects

Question 17

What is Independent Expert determination?

Answer 17

• independent expert is appointed by the two parties to give an expert opinion on the matter to be decided.
• expert may have regard to evidence submitted or may have a hearing and adopt what they consider to be the most appropriate procedure.
• expert’s decision is not enforceable directly by the courts and they are liable for action for negligence.

Question 18

What is Professional Arbitration on Court Terms?

Answer 18

• PACT
• PACT is a scheme offered by RICS and the Law Society for the resolution of lease renewal disputes.
• intended to give landlords and tenants an opportunity to have the terms and rent payable under their new lease decided by a surveyor or solicitor acting as either an arbitrator or independent expert determiner.

Question 19

What is The Property Ombudsman Service​?

Answer 19

• provides consumers and property agents with an alternative dispute resolution service
• resolutions are designed to achieve a full and final settlement of the dispute and all claims made by either party.

Question 20

What is Valuation Tribunal?

Answer 20

The tribunal is independent of government and will listen to both sides of the argument before making a decision.

Cases you can apply for:

• Rent increases
• Leasehold enfranchisement

Question 21

What is litigation?

Answer 21

This is the process of parties taking legal action through the Courts, defined by the Civil Procedure Rules.