Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards
1
Q
How may failure to comply with contractual obligation arise?
A
Different interpretations of the contract.
2
Q
What happens if you fail to avoid conflict?
A
Incur costs in management and resolution
3
Q
How to avoid conflicts?
A
- Clear concise drafting of lease/terms
- BY anticipating what could go wrong or be misinterpreted
- Managing expectations with clear communication
- Good record keeping to help resolve conflicts prior to them escalating.
4
Q
Dispute resolution
A
- Negotiation- between parties
- Mediation- third part intervention
- Adjudicative Process- binding third party outcome - arbitration or independent expert.
5
Q
Benefits of ADR
A
Faster, informal, greater opportunity to negotiate, cheaper, better quality decision- surveyor determines not a judge.
6
Q
Mediation
A
- Neutral mediator facilitates discussions.
- Informal & Confidential
- Without Prejudice basis
- No binding outcome
7
Q
Arbitration
A
- Appointed under arbitration act 1996.
- Parties bound by decision
- Cannot be sued for negligence but decisions can be overruled by Court on point of Law
- Surveyors act as arbitrators once completed Chartered Institute of Arbitrators exams
- PACT for lease renewal disputes.
8
Q
Independent Expert Determination
A
- Independent Expert appointed by the two parties or the RICS President
- Has expert knowledge of dispute subject and can look at evidence
- Parties bound by decision
9
Q
Expert Witness
A
- Primary duty of care is to court
- Must be competent and not conflicted
- Must act impartially
- Can be sued for negligence.
10
Q
Advocate
A
Duty to client
Maintain integrity in judicial process
Must be competent
11
Q
RICS Guidance Note Conflicts of Interest for Members Acting as Dispute Resolvers 2017
A
Aimed at those appointed to resolve dispute
Always be impartial and independent
