Conflict avoidance, management and dispute resolution procedures Flashcards
Tell me about the RICS professional statements Conflicts of Interest 2017
- 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
Tell me about the Complaints Handling 2016
- GN
- CHP
- Terms of engagement
What are the causes of disputes and techniques for avoidance
- Complaints occur when expectations have not been met (quality, scope, time etc)
- ToE set out the context when a complaint can be made
- Negotiation
What are the advantages/disadvantages of different dispute resolution procedures Mediation
Advantages:
- preserving relationships
- speed
Disadvantages
- aspect of case may be disclosed
- non-binding
What are the advantages/disadvantages of different dispute resolution procedures Arbitration
Advantages
- Binding
- Expertise
Disadvantages
- Cost
- Joinder of proceedings
What are the advantages/disadvantages of different dispute resolution procedures Adjudication
Advantages
- Confidentiality
- Expertise
Disadvantages
- Party costs
- Relationships
What are the advantages/disadvantages of different dispute resolution procedures Independent Expert determination
Advantage
- Expertise
- Speed
Disadvantages
- Binding
- Relationships
What are the advantages/disadvantages of different dispute resolution procedures Professional Arbitration on Court Terms PACT
Advantages
- Binding
- Confidentiality
Disadvantages
- Court involvement
Tell me about The Property Ombudsman and its role in alternative dispute resolution
- ADR service
- designed to achieve a full and final settlement of the dispute and all claims made by either party.
Tell me about the valuation tribunal
- The tribunal is independent of government
- listen to both sides before making a decision.
Tell me about the role of litigation in conflict resolution.
- legal action through the Courts
- used where ADR fails to produce a solution
Methods of dispute avoidance
- Negotiation
- Risk management
- Early warning signs
What is Mediation
- confidential process
- parties in dispute invite a neutral individual to facilitate negotiations
- View to achieving a resolution of their dispute.
Arbitration
- 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
What is Adjudication?
- 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.
What are Dispute Resolution Boards?
Involves a board of individuals that resolves disputes on construction projects
Mainly used for large construction projects
What is Independent Expert determination?
- 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.
What is Professional Arbitration on Court Terms?
- 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.
What is The Property Ombudsman Service?
- 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.
What is Valuation Tribunal?
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
What is litigation?
This is the process of parties taking legal action through the Courts, defined by the Civil Procedure Rules.
