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RICS APC: Valuation Pathway > Conflict Avoidance, Management and Dispute Resolution Level 1 > Flashcards

Conflict Avoidance, Management and Dispute Resolution Level 1 Flashcards

1
Q

What is a conflict?

A

A difference in opinion / understanding / thought process.

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2
Q

When do disputes arise in your role?

A
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3
Q

What can you do if negotiations break down?

A
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4
Q

What is a conflict of interest?

A
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5
Q

What do the RICS Rules of Conduct say about avoiding conflicts of interest?

A
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6
Q

Give examples of ways that conflict can be avoided.

A
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7
Q

Why is good management important?

A
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8
Q

What are the benefits of clear contract documentation?

A
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9
Q

What is partnering or alliancing?

A
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10
Q

Why is good project or instruction management important?

A
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11
Q

How can good client management reduce conflict?

A
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12
Q

Give examples of good payment practices.

A
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13
Q

How can good record keeping avoid conflict?

A
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14
Q

How do reporting and proactivity reduce conflict?

A
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15
Q

What are the three pillars of dispute resolution, who introduced these terms? Give examples of each.

A
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16
Q

How do mediation and conciliation differ globally, and why is this important to be aware of?

A
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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?

A
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19
Q

Tell me about a conflict of interest check you have carried out.

A
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20
Q

What would you do if you identified a perceived/actual conflict of interest?

A
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21
Q

Can you tell me about any RICS guidance relating to conflicts of interest?

A
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22
Q

What is the practice of dual agency/double dipping?

A
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23
Q

Can you tell me about any recent RICS guidance relating to dual agency/double dipping?

A
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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) and how does the process work?

A
33
Q

What is a Dispute Adjudication Board (DAB) and 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.

A
41
Q

What timeframe is relevant under the Housing Grants Construction and Regeneration Act 1996 (Construction Act)?

A
42
Q

Explain what the role of the RICS Low Value Dispute Adjudication service is.

A
43
Q

What level of claim can the RICS Low Value Dispute Adjudication service be used for?

A
44
Q

What makes the RICS Low Value Dispute Adjudication process cost effective?

A
45
Q

How does homeowner adjudication work under the Construction Act?

A
46
Q

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

A
47
Q

What is the role of RICS in dispute resolution?

A
48
Q

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

A
49
Q

Tell me about your role if you were acting as an expert witness or advocate.

A
50
Q

What is the difference between acting as an expert witness or advocate and how does your duty of care differ between the two roles?

A
51
Q

What tribunals are you aware of?

A
52
Q

When might the Lands Tribunal be involved in a dispute?

A
53
Q

What are the differences between conflict avoidance and dispute resolution?

A
54
Q

Which dispute resolution procedures lead to a binding decision?

A
55
Q

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

A
56
Q

Explain the RICS conflict avoidance pledge to me.

A
57
Q

What RICS guidance relates to conflicts of interest for dispute resolvers?

A
58
Q

When was the RICS guidance related to conflicts of interest for dispute resolvers last updated and what changes were made?

A
59
Q

Explain the Thomas Kilman model to me.

A

RICS APC: Valuation Pathway (20 decks)

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