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APC 2022 > Conflict avoidance, management and dispute resolution procedures - Level 1 > Flashcards

Conflict avoidance, management and dispute resolution procedures - Level 1 Flashcards

1
Q

What is a conflict?

A

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2
Q

When do disputes arise in your role?

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3
Q

What can you do if negotiations break down?

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4
Q

What is a conflict of interest?

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5
Q

What do the RICS Rules of Conduct say about avoiding conflicts of interest?

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6
Q

Give examples of ways that conflict can be avoided.

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7
Q

Why is good management important?

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8
Q

What are the benefits of clear contract documentation?

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9
Q

What is partnering or alliancing?

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10
Q

Why is good project or instruction management important?

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11
Q

How can good client management reduce conflict?

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12
Q

Give examples of good payment practices.

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13
Q

How can good record keeping avoid conflict?

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14
Q

How do reporting and proactivity reduce conflict?

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15
Q

What are the three pillars of dispute resolution?

Who introduced these terms?

Give examples of each.

A

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16
Q

How do mediation and conciliation differ globally?

Why is this important to be aware of?

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17
Q

What is Alternative Dispute Resolution (ADR)?

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18
Q

Why might you prefer to pursue ADR rather than litigation through the Courts?

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19
Q

Tell me about a conflict of interest check you have carried out.

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20
Q

What would you do if you identified a perceived/actual conflict of interest?

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21
Q

Can you tell me about any RICS guidance relating to conflicts of interest?

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22
Q

What is the practice of dual agency/double dipping?

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23
Q

Can you tell me about any recent RICS guidance relating to dual agency/double dipping?

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24
Q

What is the difference between an arbitrator and an independent expert?

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25
Q

Can you tell me about any other types of ADR?

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26
Q

Can you tell me about mediation/conciliation/adjudication?

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27
Q

What is the Technology & Construction Court and what is its role?

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28
Q

If you work with contracts, explain how dispute resolution works in a contract you have worked with.

A

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29
Q

Explain the role of the Civil Procedure Rules (CPRs).

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30
Q

What governs dispute resolution during insolvency or bankruptcy proceedings?

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31
Q

What is a Dispute Review or Recommendation Board (DRB)?

How does this process work?

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32
Q

What is a Dispute Adjudication Board (DAB)?

How do these work?

A

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33
Q

What are the relevant timescales for adjudication?

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34
Q

Which Act governs adjudication?

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35
Q

What is the basic principle of adjudication?

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36
Q

What claims is adjudication appropriate for?

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37
Q

What is the aim of adjudication?

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38
Q

Explain the various adjudication services provided by RICS.

A

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39
Q

Explain the impact of the Housing Grants Construction and Regeneration Act 1996 (Construction Act) on dispute resolution and construction contracts.

What time frame is relevant under this?

A

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40
Q

Explain what the role of the RICS Low Value Dispute Adjudication service is.

What level of claim can this service be used for?

What makes this process cost effective?

A

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41
Q

How does homeowner adjudication work under the Construction Act?

A

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42
Q

Can you tell me about PACT in relation to lease renewals?

A

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43
Q

What is the role of RICS in dispute resolution?

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44
Q

What RICS guidance are you aware of relating to dispute resolution, ADR or roles in dispute resolution?

A

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45
Q

Tell me about your role if you were acting as an expert witness/advocate.

What is the difference between the two?

How does your duty of care differ in the two roles?

A

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46
Q

What tribunals are you aware of?

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47
Q

When might the Lands Tribunal be involved in a dispute?

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48
Q

What are the differences between conflict avoidance and dispute resolution?

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49
Q

Which dispute resolution procedures lead to a binding decision?

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50
Q

What is a Scott Schedule and when would one be used?

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51
Q

Explain the RICS conflict avoidance pledge to me.

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52
Q

What RICS guidance relates to conflicts of interest for dispute resolvers?

When was this last updated and what changes were made?

A

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53
Q

How has dispute resolution in the property and construction industries been used effectively during Covid-19?

A

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54
Q

Explain the proposed provisions of the Commercial Rent (Coronavirus) Bill.

A

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55
Q

What form of ADR will be used to recover commercial rent arrears due to Covid?

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APC 2022 (27 decks)

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