Conflict avoidance, management and dispute resolution procedures Flashcards
What is a conflict?
A conflict is a struggle and a clash of interest, opinion, or even principles. Conflict will always be found in society; as the basis of conflict may vary to be personal, racial, class, caste, political and international.
When do disputes arise in your role?
When land owners believe their land is of a higher value than what the comparable evidence shows.
Different departments within Berkeley - for example Technical team saying it’s not possible to build here because of restricted access.
What can you do if negotiations break down?
You have the ability to choose from alternative dispute resolution processes, such as:
- Mediation
- Arbitration
- Independent expert determination
What is a conflict of interest?
A conflict of interest arises in a situation where there may be an actual, perceived or potential risk that the professional judgement of an RICS-regulated firm or member will be compromised when undertaking an assignment.
What do the RICS Rules of Conduct say about avoiding conflicts of interest?
Rule 1
Example behaviours 1.3 - Members and firms identify actual and potential conflicts of interest throughout a professional assignment and do not provide advice or services where a conflict of interest or a significant risk of one arises, unless they do so in accordance with the current edition of Conflicts of interest, RICS professional statement.
1.4 - Firms have effective processes to identify actual and potential conflicts of interest, to enable appropriate decisions to be made on whether to accept work, and to keep records of decisions made about actual and potential conflicts of interest.
Give examples of ways that conflict can be avoided?
Conflict avoidance and conflict management…
- Communicate effectively - allow other person to share their view without interruption and avoid judgement
- When sharing your POV, speak from your perspective and avoid making assumptions - Form connections with others - strengthening relationships with others can help with preventing conflict
- Know your conflict style
Why is good conflict management important?
Conflict management is essential because it helps to create a positive work environment, improve communication, and boost productivity. Conflict management is not about avoiding conflicts but rather dealing with them in a constructive manner.
Why is good management important?
It ensures objectives are met through a transparent process and that a high standard of service is being provided, which is part of the rules of conduct.
It helps in Achieving Group Goals - It arranges the factors of production, assembles and organizes the resources, integrates the resources in effective manner to achieve goals. It directs group efforts towards achievement of pre-determined goals
What are the benefits of clear contract documentation?
Provides evidence of what was agreed between you and the other party.
It helps prevent future misunderstandings or disputes by making the agreement clear from the beginning.
What is partnering or alliancing?
Alliancing involves a formal contract in which the parties undertake to act in the best interests of the project and this is a key difference from partnering where the undertaking to act in such a manner is purely voluntary.
Why is good project or instruction management important?
It ensures that what is being delivered is correct.
Project management builds and allows teams to be happy and motivated who know their work matters. Moreover, it enables organisations to deliver the right thing to their customers and clients.
How can good client management reduce conflict?
It enables a good relationship with them based on openness trust and respect.
Give examples of good payment practices
Good reporting - reports should be published twice a year and within 30 days from the end of each reporting period.
How can good record keeping avoid conflict?
Keeping copies of emails, minutes of meetings and telephone calls you can reduce conflict because it is clearly documented what is required and ensures that the key action points are being met.
How do reporting and and proactivity reduce conflict?
Keeping good records with sufficient level of detail can often help to resolve conflicts before the escalate.
What are the three pillars of dispute resolution?
- Negotiation
- Mediation or conciliation (third party intervention)
- Adjudicative process (litigation)
Who introduced the 3 pillars of dispute resolution?
Professor Green of Boston University
Give examples of the 3 pillars of resolution
Negotiation - two parties agree mutually on a contract
Mediation or conciliation - this is used when issues are unable to be resolved by negotiation
Adjudicative process - last resort
How do mediation and conciliation differ globally?
Mediation outcomes can vary and differ in complexity due to cultural differences. Different cultures have set values and beliefs. When these come into play, mediators are challenged to draw on additional skills to assist parties reach a mediated outcome.
Cross-cultural situations can seem daunting for some practitioners and seen to be an advantage by others.
Why is it important to be aware of?
So you can try to understand their point of view…. unsure
What is Alternative Dispute Resolution? (ADR)
Alternative dispute resolution (ADR) is the term used to describe ways of resolving a dispute without having to go to court. There are many different forms of ADR, but the one thing they have in common is that they all have the potential to resolve a dispute without any court involvement. This is why it is referred to as ‘alternative’ – it’s an alternative to litigation (settling in a court of law). (RICS)
Why might you prefer to pursue ADR rather than litigation through the Courts?
ADR is flexible, cost-efficient, time-effective and gives the parties more control over the process and the results
Tell me about a conflict of interest check you have carried out
What would you do if you identified a perceived/actual conflict of interest?
