Conflict avoidance, management and dispute resolution procedures Flashcards
What are the three main processes available in resolving disputes?
- Negotiation
- Mediation or conciliation
- Adjudicative process
What are the advantages of Alternative Dispute Resolution (ADR)?
- Speed
- Informality
- Greater opportunity for negotiation
- Cost
- Quality of decision making
- Confidentiality
What is mediation?
It involves the use of a neutral mediator who facilitates discussions between the two parties usually on a without prejudice basis
The mediator has no decision-making authority
What is PACT?
Professional Arbitration on Court Terms
Who can appoint an independant expert?
Appointed by the two parties (or by the President of the RICS)
What is the RICS literature on Independent Experts?
Independent Expert Determination, 2016
Who would be appointed for Independent Expert determination of a Service Charge dispute?
RICS Panel of Independent Experts
What is early neutral evaluation?
Use of an independent person, experience in the subject matter of the dispute, to investigate and give their non-binding opinion.
Who does an expert witness owe a duty of care?
To the court or dispute resolution panel and not the client
What must a surveyor be in order to accept instruction as an expert witness?
- Knowledge
- Experience
- Qualifications
- Training
- No conflicts
What is ‘hot tubbing’?
Where experts consider cases collaboratively and ask each other questions
What is an advocate?
A surveyor acting for a client who represent their needs at a judicial hearing/tribunal
What are the key themes of the RICS Guidance Note, Conflicts of Interest for Members acting as Dispute Resolvers, 2017
- Independence
- Impartiality
