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APC > Conflict Avoidance, Management and Dispute Resolution Procedures > Flashcards

Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards

1
Q

What is a conflict?

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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.

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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)?

A
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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?

A
24
Q

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

A
25
Q

Can you tell me about any other types of ADR?

A
26
Q

Can you tell me about mediation/conciliation/adjudication?

A
27
Q

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

A
28
Q

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

A
29
Q

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

A
30
Q

What does CPR Practice Direction 35 relate to?

A
31
Q

What governs dispute resolution during insolvency or bankruptcy
proceedings?

A
32
Q

What is a Dispute Review or Recommendation Board (DRB)? How does this process work?

A
33
Q

What is a Dispute Adjudication Board (DAB)? How do these work?

A
34
Q

What are the relevant timescales for adjudication?

A
35
Q

Which Act governs adjudication?

A
36
Q

What is the basic principle of adjudication?

A
37
Q

What claims is adjudication appropriate for?

A
38
Q

What is the aim of adjudication?

A
39
Q

Explain the various adjudication services provided by RICS.

A
40
Q

Explain the impact of the Housing Grants Construction and Regeneration
Act 1996 (Construction Act) on dispute resolution and construction
contracts. What timeframe is relevant under this?

A
41
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
42
Q

How does homeowner adjudication work under the Construction Act?

A
43
Q

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

A
44
Q

What is the role of RICS in dispute resolution?

A
45
Q

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

A
46
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
47
Q

What tribunals are you aware of?

A
48
Q

When might the Lands Tribunal be involved in a dispute?

A
49
Q

What are the differences between conflict avoidance and dispute
resolution?

A
50
Q

Which dispute resolution procedures lead to a binding decision?

A
51
Q

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

A
52
Q

Explain the RICS conflict avoidance pledge to me

A
53
Q

What RICS guidance relates to conflicts of interest for dispute resolvers? When was this last updated and what changes were made?

A
54
Q

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

A
55
Q

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

A
56
Q

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

A

APC (18 decks)

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