Conflict avoidance, management and dispute resolution procedures

Question 1

What is mediation, negotiation and adjudication?

Answer 1

Mediation involves the use of a netural third party mediator who facilitates discussions

confidential

conducted without prejudice

the mediator has no authority to make a decision

Reference RICS Guidance note in Mediation 2014.

Adjutication is a right under the housing grants, construction and regenration act 1996.
28 days
biding.

Question 2

What is arbitration?

Answer 2

quasi-judicial. An arbitarator is appointed in accordance with the arbition act 1996.

Parties are bound by the decision

but it may be appealed in the court of law.

Question 3

What are the benfits of ADR?

Answer 3

Speed, negotation, cost, informalities, confidientiality

Question 4

What is an independent Expert determination

Answer 4

independent expert appointed by the the president of the RICS

The experts decision is bidding.

Question 5

What is the RICS Conflict Avoidance Process?

Answer 5

It can be written into the contracts, run by the RICS Dipsute Resoliution Service - resolve disagreemenet out of court.

Question 6

What is an expert witness? When should you accept an expert witness role?

Answer 6

An epxert witness is when a surveyor or professional provides evidence to a judicial or quasi-judicial body

I wpould only accept an expert witness role if i had the relevant experience, qualitification, training and no conflict.