Conflict avoidance, management and dispute resolution procedures

Question 1

What are the procedures to help avoid conflicts?

Answer 1

1. Managing parties expectations, not over promising.
2. Setting out clear terms
3. keeping good records of with detail can help resolve conflicts before they escalate

Question 2

Conflict avoidance

Answer 2

• Requires clear, concise, careful drafting of the contract
• Adopting proactive conflict avoidance risk analysis involves understanding what could go wrong or how misinterpretation between parties might arise
• Managing all parties expectations requires and understanding of their objectives
• Negotiating contractual obligations carefully and transparently will help to avoid later conflict or at least enable their efficient resolution
• Keeping good records with a sufficient level of detail can often help to resolve conflicts before they escalate

Question 3

Conflict management

Answer 3

• Conflict management involves the use of tools, processes and skills to find ways to manage disagreements and disputes

Question 4

Dispute resolution

Answer 4

• Examples such as negotiation or litigation
• Dispute resolution is the resolution is the resolution of a dispute between two or more parties
• Factors to consider when with deciding the appropriate resolution can be based on cost, access, confidentiality and speed.

Question 5

Alternative dispute resolution

Answer 5

These are techniques that fall outside the scope of court litigation. Advantages include: Speed, informality, greater opportunity for negotiation, cost, quality of decision making, confidentiality, when considering the most appropriate form of dispute resolution, the contract that governs the relationship between the parties needs to be checked.

Question 6

What is arbitration?

Answer 6

An arbitrator decides a dispute acting in accordance with statute (e.g. Arbitration Act 1996)

An award is produced which binds the parties

An Arbitrator will have specialist knowledge of the area (especially if appointed by RICS Dispute Resolution Service)

Proceedings are dealt with via written representations but the arbitrator has the power to order a hearing.
Common example is rent review disputes

Question 7

What is mediation?

Answer 7

Use of a neutral mediator who facilitates discussion between the two parties to explore whether a solution can be found.

Confidential and informal process

Mediator has no decision making authority and cannot impose a resolution upon two parties

Recognise that is uncommon in commercial property

Question 8

What is PACT?

Answer 8

Professional Arbitration on Court Terms
ADR specific to business tenancy renewals under the LTA 1954
Alternative to dispute resolution via county court, but only available if both parties agree and correct steps taken

Question 9

What is independent Expert Determination?

Answer 9

Can be appointed by agreement of the parties
A determination is produced that binds the parties
An independent experts are under a duty to make their own investigation and they use their knowledge and experience to reach a decision but they can invite representations from the parties
Can be sued for negligence
Example of this in commercial property is service charge disputes

Question 10

Do not confuse an independent expert with expert witness

Answer 10

An independent expert is a dispute resolver who decides a dispute. An expert witness is appointed to present evidence to a dispute resolver.

Question 11

What do the 4 key points regarding expert witness set out it in the RICS Practice Statement + Guidance Note ‘Surveyors Acting as Expert Witnesses’ underline?

Answer 11

1. Expert evidence, must be impartial and objective
2. Duty of surveyor to court and this will override any obligations to the client
3. Evidence must be independent work of surveyor
4. Surveyor must believe that the facts on which they rely are complete and true.

Question 12

What is in Allsop’s complaints handling procedure?

Answer 12

1. Located on our website with in the Allsop LLP Policies & Legal section under complaints procedure.
2. The first point of contact is Allsop COO
3. We request a written summary of the complaint
4. We will then contact you in writing within seven days to inform the party of circumstances to your complaint.
5. Within 21 days of receipt of your written summary the person dealing with the complaint will write to you
6. If you are dissatisfied with any aspect of the complaint handling you can contact the senior partner.
7. If the party is dissatisfied get in touch with the Property Redress Scheme – in respect of estate agency services
8. With regards to any other surveying related services a party can use the Centre for Effective Dispute Resolution which is an independent redress provider as approved by the RICS Regulatory Board.