Conflict Avoidance, Management and dispute resolution Flashcards
Ways to avoid conflict?
Make sure everything is agreed in your TOE.
clear concise drafting of the lease
manage all parties expectations
What are the 3 main processes to dispute resolution?
negotiation
mediation
adjudicative processes
What is ADR?
RICS Dispute Resolution Service (DRS) is the world’s oldest and largest provider of alternative dispute resolution (ADR) services in the land, property and construction industries. Over the last four decades, DRS has appointed dispute resolvers in nearly a quarter of a million cases.
What is mediation?
This is where someone sits in and mediates discussions between both parties.
Cannot make a decision
There is RICS guidance note on mediation.
What is Arbitration?
An arbitrator is appointed in a quasi-judicial role.
Parties are bound by the decision
Have to use information provided by both parties.
Cannot be sued for negligence
Their decisions can be over ruled by a court of law.
Have to pass an exam to be act as an arbitrator.
What is an independant expert?
they are appointed by the two parties or the RICS
They have expert knowledge in the field
both parties are bound by the decision
They can provide their own opinion and evidence
There is a guidance note on independent expert determination 2016.
What is an expert witness?
provide evidence to a judicial or quasi judicial body.
must provide a statement of truth.
Must confirm they will act independently.
The experts duty of care is to the court only.
What is acting as an advocate?
Professional statement on acting as an advocate 2017
represents the client at a hearing.
must be competent
must maintain integrity of the judicial process.
