Conflict Avoidance, Management and Dispute Resolution Flashcards
What are the main avenues of resolving a dispute?
a. Negotiation
b. Mediation or Concillation
c. Arbitration
d. Adjudication
What is Negotiation?
Problem solving efforts of both parties themselves
What is Mediation or Concillation?
A third-party mediator assists the parties to make a decision. The mediator has no decision making power.
What is Arbitration?
An impartial third party, usually a lawyer/expert witness, who will make a legally bound decision. They can ascertain facts rather than just listen to a submission, and also order costs.
What is Adjudication?
A third party is appointed who is mutually agreed upon or appointed by a nominating body. Decisions are binding unless revised by arbitration or litigation. Maximum period of 28 days for a decision to be reached.
What does Litigation mean?
The act of taking legal action
What is an Expert Witness and what do they do?
a. An expert witness is a surveyor who provides evidence to a judicial body. The expert witness’s primary and overriding duty of care is to the court and NOT the client. They must only accept instruction to act in which they are competent and have adequate knowledge and must give an objective and unbiased opinion. Expert witnesses can be sued for negligence as shown in Jones Vs Kaney (2011).
What is an Advocate and what do they do?
a. An advocate is a surveyor who represents their client at a judicial hearing / tribunal and who acts solely in the interest of the instructing client.
What must a complaints handling procedure include?
- Redress (set right) mechanism
- Details should be issued to the client with the Terms of Business
- It must be clear, transparent, impartial and free of charge
- Must be investigated within 28 days
- Recording and monitoring protocol
- Note the need to advise PI insurers of a complaint
- Two stages as a minimum
What is your company’s complaints handling procedure?
a. 3 stage process
b. Stage 1 - Complaint comes in to the relevant office. Office acknowledges the complaint within 7 days and provides a response within 28 days.
c. Stage 2 – If unresolved; complaint to be made in writing to company Partners. Complaint will be acknowledged within 7 days and responded to within 28 days.
d. Stage 3 – If unresolved; complaint taken to an independent redress provider, as approved by the RICS regulatory board.
Why might you recommend Adjudication over Arbitration?
a. There are strict timescales for adjudications so if there is limited time for a decision it will be a quicker process.
b. Adjudication is generally the last choice and is used when Arbitration and Conciliation fail to resolve the issue.
What redress providers does G&S use?
a. Consumer Clients
i. Centre for Effective Dispute Resolution (CEDR)
ii. The Property Redress Scheme
b. Business-to-business clients
i. RICS Dispute Resolution Services
What is the definition of a conflict of interest and what are the 3 different types?
Occurs when personal interests of an individual could compromise their judgement, decisions or action in the workplace
Remember: POICI
i. Party Conflict
ii. Own Interest Conflict
iii. Confidential Information Conflict
