Conflict avoidance, management and dispute resolution procedures

Question 1

What are the ways a civil dispute can be resolved

Answer 1

Adversarial or by consent

By consent
Negotiation
Mediation

Adversarial
Litigation
Arbitration
independent expert
Adjudication

Question 2

What is a conflict of interest?

Answer 2

A conflict of interest arises when are members or firm’s independence and impartiality is threatened due to the existence an existing relationship or interest.

Question 3

Describe the ways in which you can avoid conflict arising

Answer 3

• Understanding your client’s objectives
• Clear concise and careful drafting of the terms of engagement or contract
• Understanding what could go wrong
• Keeping a good record with sufficient level of detail

Question 4

What is the difference between arbitration and expert determination?

Answer 4

JKW

Question 5

What are the advantages of alternative dispute resolution (ADR) / What do Savills use?

Answer 5

Speed
informality
greater opportunity for negotiation
Cost
Quality of decision-making
Confidentiality