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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?

A

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3
Q

What can you do if negotiations break down?

A

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4
Q

What is a conflict of interest?

A

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5
Q

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

A

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6
Q

Give examples of ways that conflict can be avoided.

A

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7
Q

Why is good management important?

A

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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?

A

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11
Q

How can good client management reduce conflict?

A

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12
Q

Give examples of good payment practices.

A

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13
Q

How can good record keeping avoid conflict?

A

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14
Q

How do reporting and proactivity reduce conflict?

A

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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?

A

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17
Q

What is Alternative Dispute Resolution (ADR)?

A

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18
Q

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

A

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19
Q

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

A

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20
Q

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

A

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21
Q

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

A

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22
Q

What is the practice of dual agency/double dipping?

A

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23
Q

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

24
Q

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

25
Can you tell me about any other types of ADR?
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26
Can you tell me about mediation/conciliation/adjudication?
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27
What is the Technology & Construction Court and what is its role?
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28
If you work with contracts, explain how dispute resolution works in a contract you have worked with.
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29
Explain the role of the Civil Procedure Rules (CPRs).
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30
What governs dispute resolution during insolvency or bankruptcy proceedings?
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31
What is a Dispute Review or Recommendation Board (DRB)? How does this process work?
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32
What is a Dispute Adjudication Board (DAB)? How do these work?
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33
What are the relevant timescales for adjudication?
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34
Which Act governs adjudication?
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35
What is the basic principle of adjudication?
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36
What claims is adjudication appropriate for?
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37
What is the aim of adjudication?
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38
Explain the various adjudication services provided by RICS.
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39
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?
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40
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?
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41
How does homeowner adjudication work under the Construction Act?
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42
Can you tell me about PACT in relation to lease renewals?
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43
What is the role of RICS in dispute resolution?
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44
What RICS guidance are you aware of relating to dispute resolution, ADR or roles in dispute resolution?
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45
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?
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46
What tribunals are you aware of?
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47
When might the Lands Tribunal be involved in a dispute?
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48
What are the differences between conflict avoidance and dispute resolution?
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49
Which dispute resolution procedures lead to a binding decision?
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50
What is a Scott Schedule and when would one be used?
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51
Explain the RICS conflict avoidance pledge to me.
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52
What RICS guidance relates to conflicts of interest for dispute resolvers? When was this last updated and what changes were made?
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53
How has dispute resolution in the property and construction industries been used effectively during Covid-19?
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54
Explain the proposed provisions of the Commercial Rent (Coronavirus) Bill.
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55
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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