Conflict avoidance, management and dispute resolution procedures - Level 1 Flashcards
How do you make it clear what can be expected from an inspection for both the vendor and the applicant?
Clear terms of engagement, accurate record keeping, effective communication procedure, following company/contractual procedure, following RICS statements.
Can you name some forms of alternative dispute resolution?
Mediation
Conciliation
Arbitration
and adjudication.
Can you name three types of dispute resolution
Litigation
Arbitration
and adjudication.
What is Mediation?
Mediation is a form of dispute resolution entered into by two willing parties. 3rd party independent mediator, no legal authority. Suggest a solution
What is Conciliation?
Conciliation - ICE similar to mediation, but encourage two parties to reach an agreement themselves
What is Adjudication?
Adjudication - Statutory procedure provided by third party independent adjudicator who is selected by parties in dispute. Can be less expensive that litigation or arbitration. Expert outcome must be effected by courts in case of appeal