Conflict avoidance, management and dispute resolution procedures

Question 1

What is a conflict?

Answer 1

A conflict refers to a situation where there is a clash between the professional duties or interests of a surveyor and their obligations to clients, employers, or other stakeholders.

Question 2

When do disputes arise in your role?

Answer 2

Regulation Interpretation: Differences in interpreting planning regulations, policies, or guidelines.

Client Expectations: Variances between client expectations and project outcomes.

Stakeholder Conflicts: Disagreements among project stakeholders.

Contractual Issues: Disputes over contractual terms or obligations.

Planning Decisions: Disagreements post-planning decisions.

Environmental Concerns: Disputes regarding environmental assessments or compliance.

Land Use Conflicts: Conflicts over proposed land use changes or developments

Question 3

What can you do if negotiations break down?

Answer 3

Seek Mediation: Engage a neutral third party to facilitate communication and resolution.

Refer to Higher Authority: Escalate the issue to higher levels of management or authority within the organization.

Legal Action: Consider legal avenues such as arbitration or litigation if necessary.

Reassess and Reengage: Step back, reassess the situation, and attempt to reengage in negotiations with a fresh perspective.

Explore Alternative Solutions: Explore alternative solutions or compromises that could satisfy all parties involved.

Seek External Expertise: Consult with external experts or advisors to provide insights and guidance on resolving the dispute.

Question 3

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

Answer 3

The RICS Rules of Conduct emphasize the importance of avoiding conflicts of interest to uphold professional integrity and protect clients’ interests. Specifically, they outline obligations for members to identify, assess, and manage conflicts of interest appropriately.

Members must disclose any conflicts of interest to relevant parties and take necessary actions to mitigate risks and maintain objectivity in their professional activities.

Question 4

What is a conflict of interest?

Answer 4

A conflict of interest arises when an individual or organization’s personal or financial interests interfere with their professional duties or decisions, potentially leading to bias or harm to others’ interests.

Question 5

Give examples of ways that conflict can be avoided.

Answer 5

conflict of interest check issued to the company.

Question 6

Why is good management important?

Answer 6

Good management is essential for organizational success. It ensures efficient use of resources, boosts productivity, and fosters employee engagement.

Question 7

Give examples of good payment practices.

Answer 7

• Prompt Payment
• Clear Communication
• Streamline
• Regular Reviews
• Good Relationships

Question 7

What are the benefits of clear contract documentation?

Answer 7

Clear contract documentation is crucial for effective project management and risk mitigation. It helps minimize disputes by outlining the rights, responsibilities, and obligations of all parties involved.

Question 8

What is partnering or alliancing?

Answer 8

Partnering or alliancing is a collaborative approach to project delivery where all parties involved, including the client, consultants, contractors, and suppliers, work together as a cohesive team toward shared objectives.

Question 9

Why is good project or instruction management important?

Answer 9

Good project or instruction management is essential for ensuring that projects are completed successfully and meet the objectives of all stakeholders involved.

Question 10

How can good client management reduce conflict?

Answer 10

Good client management can reduce conflict by fostering clear communication, setting realistic expectations, and maintaining transparency throughout the project.

Question 11

How do reporting and proactivity reduce conflict?

Answer 11

Through transparent reporting, all stakeholders remain informed about project progress and potential challenges, reducing misunderstandings and miscommunications.

Question 12

How can good record keeping avoid conflict?

Answer 12

Good record-keeping is essential for avoiding conflict in projects by providing a clear and accurate account of decisions, actions, and agreements made throughout the project lifecycle.

Question 13

What are the three pillars of dispute resolution?

Answer 13

1. Negotiation
2. Mediation
3. Adjudication

Question 13

Give examples of each.

Answer 13

Negotiation - Two parties involved in a construction project negotiate to resolve a disagreement over project timelines. They discuss the issues, propose solutions, and reach a mutually acceptable agreement without involving a third party.

Mediation - In a construction dispute between a contractor and a client regarding payment for additional work, both parties agree to bring in a neutral third party, a mediator, to help facilitate communication and guide them towards a resolution. Helping find common ground.

Adjudication - In a dispute over defective workmanship on a construction project, the client initiates adjudication proceedings as outlined in the construction contract. An independent adjudicator is appointed to review the evidence presented by both parties and make a binding decision to resolve the dispute.

Question 14

How do mediation and conciliation differ globally?

Answer 14

Mediation and conciliation, often used interchangeably, both aim to resolve disputes amicably. In mediation, a neutral mediator facilitates communication, guiding parties to craft their own solutions. Conciliation shares similarities but may involve a more active role from the conciliator, who can suggest resolutions. While mediation is known for its informality and collaborative approach, conciliation may offer structured intervention.

Question 15

What are the differences between conflict avoidance and dispute resolution?

Answer 15

Conflict avoidance refers to strategies aimed at preventing disputes from arising in the first place. This involves proactive measures such as clear communication, effective project management, and early identification of potential issues. By addressing underlying concerns and maintaining positive relationships, conflict can be minimized or prevented altogether.

Dispute resolution, on the other hand, involves addressing conflicts that have already arisen. This includes formal processes like negotiation, mediation, arbitration, or litigation. Dispute resolution aims to find a resolution to the conflict once it has occurred, often through third-party intervention or legal proceedings. Unlike conflict avoidance, which focuses on prevention, dispute resolution deals with resolving conflicts that have already escalated.

Question 16

What is Alternative Dispute Resolution (ADR)?

Answer 16

Alternative Dispute Resolution (ADR) covers a wide range of techniques and process designed to enable parties resolve their disputes with the help of a third party. This can include formal processes such as expert determination and less formal processes such as mediation.

Question 17

Why might you prefer to pursue ADR rather than litigation through the Courts?

Answer 17

Advantages of ADR over litigation:

Cost-effective
Time-efficient
Parties maintain control
Confidentiality
Preservation of relationships
Flexibility

Question 18

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

Answer 18

• Notify all parties involved.
• Assess the conflict’s impact.
• Seek guidance from senior management or legal advisors.
• Consider recusing myself if necessary.
• Implement mitigation measures.
• Document all actions taken.
• Review policies to prevent future conflicts.

Question 19

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

Answer 19

RICS has published a Professional Statement titled ‘Conflicts of Interest’ (2017).

Question 20

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

Answer 20

Conflicts of interest – UK commercial property market investment agency (2017)

Question 20

What is the difference between an arbitrator and an independent expert?

Answer 20

An arbitrator and an independent expert are both appointed to resolve disputes, but they have distinct roles.

Arbitrators make binding decisions, similar to judges, based on presented evidence.

Independent experts provide advisory opinions on technical matters to assist parties and tribunals, but their opinions are not legally binding.

Question 21

Can you tell me about any other types of ADR?

Answer 21

Expert Determination
Conciliation
Negotiation
Early Neutral Evaluation

Question 22

Can you tell me about mediation/conciliation/adjudication?

Answer 22

Mediation, conciliation, and adjudication are forms of ADR used to resolve disputes without going to court.

In mediation, a neutral mediator helps parties reach a voluntary agreement.

Conciliation is similar but may involve more active input from the conciliator.

Adjudication involves a neutral adjudicator making a binding decision on the dispute.

Each method offers flexibility and efficiency compared to litigation.

Question 23

What is the Technology & Construction Court and what is its role?

Answer 23

The Technology and Construction Court (TCC) is a specialist court in England and Wales that deals with disputes related to construction, engineering, technology, and property matters. Its role is to resolve disputes efficiently, fairly, and effectively through litigation or alternative dispute resolution (ADR) methods such as mediation or adjudication.

Question 24

If you work with contracts, explain how dispute resolution works in a contract you have worked with.

Answer 24

Dispute resolution in contracts involves negotiation, mediation, adjudication, arbitration, or litigation. These steps follow a progression, starting with negotiation and escalating to more formal processes if needed. Each method offers different levels of formality and third-party involvement, with litigation being the most formal and costly.

Question 25

What is the definition of Alternative Dispute Resolution (ADR)?

Answer 25

Alternative Dispute Resolution

Refers to processes which are alternatives to the traditional binding dispute resolution procedures of litigation and arbitration.

Question 26

If a client mentioned to you that they were unhappy with your performance what would you do?

Answer 26

I would begin my setting up a meeting to hear about the client’s concerns to see if there any actions that could be undertaken to rectify these.

If nothing happens direct them to my director

Question 27

List some Alternative Dispute Resolution (ADR) procedures?

Answer 27

• Mediation
• Conciliation
• Arbitration
• Adjudication

Question 28

Why undertake negotiation and mediation before litigation?

Answer 28

Cheaper
Quicker
Greater opportunity for negotiation

Question 29

What is a dispute resolution board/advisor purpose?

Answer 29

Dispute Boards are an effective dispute avoidance, resolution and management mechanism for contractual disputes on medium to large scale projects.
Dispute Boards are designed to avoid conflict and, if disputes do arise, deal with them quickly and effectively. The purpose of a Dispute Board is to save money, ensure the project is delivered on time and on budget, and to help to maintain relationships.
Dispute Boards usually exist throughout the duration of a contract, and can be referred to at any time by any one of the Parties for a recommendation or determination of the dispute referred.
A Dispute Board involved with the project from inception through to completion benefits from ‘hands on’ knowledge of every aspect of the project. Members of the Dispute Board know the Parties, the goals and objectives of the project and are able to act quickly to either prevent a dispute from arising or to give a decision quickly (in some cases, as quickly as 30 days after the formal request).

Question 30

Please explain the dispute resolution process for your firm?

Answer 30

1) Internal review of compliant
2) Second review of compliant
3) Ombudsman

Question 31

Can you list the options for dispute resolution and their differences, which are non binding and binding?

Answer 31

1. Negotiation – the problem solving efforts of the parties themselves (non-binding)
2. Mediation – a third party intervention (non-binding)
3. Adjudication – a third party intervention (binding)

Question 32

What current challenges is Covid and/or Brexit bringing to Conflict avoidance, management and…?

Answer 32

Can be difficult to communicate on line – can be more difficult to read body language

Question 33

What is an expert witness and what role may they play?

Answer 33

Expert witness is an individual who provides independent/technical analysis and opinions on an issue. An independent perspective can be critical, impartial and balanced.

Question 34

Is there any RICS Guidance on Conflict of Interest?

Answer 34

Yes, RICS has published a Professional Statement titled ‘Conflicts of Interest’ (2017).

Question 35

Explain the Thomas Kilman model to me.

Answer 35

Developed in the 1970s by Dr Thomas and Dr Kilmann, the model argues individuals can either act assertively or cooperatively during conflict situations. Depending on the degree of these behaviours shown, an individuals’ response can then be mapped on the model.

Question 36

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

Answer 36

A Scott Schedule is a detailed breakdown of the various items of work or claims in a construction dispute. It is typically used during legal proceedings, such as arbitration or litigation, to present and assess the parties’ claims and counterclaims. The schedule outlines each disputed item along with relevant details such as descriptions, quantities, rates, costs, and supporting evidence.