Conflict avoidance, management and dispute resolution procedures

Question 1

What guidance is there on conflicts of interest?

Answer 1

RICS Professional standard: Conflicts of interest, 2018

Question 2

What does the professional standard conflicts of interest cover?

Answer 2

Covers the different types of conflicts.

Obligations for members to identify and manage conflicts and keep records of decisions made.

Provides guidance on informed consent

Question 3

What is informed consent?

Answer 3

Consent willingly given by a party who may be affected by a conflict of interest

• Must be in writing
• Should only be sought if in the best interest of all parties.

Question 4

What is the role of an advocate?

Answer 4

• Duty of care to the client
• Can put forward opinions and evidence that supports their clients case.

Question 5

What is the role of an expert witness?

Answer 5

• Duty of care is to the client
• Must put forward genuine opinion and not omit any evidence.
• Must be impartial and uninfluenced

Question 6

Is there any guidance on acting at tribunal?

Answer 6

Yes
Surveyors acting as expert witnesses, 4th edition

Question 7

What does the practice statement surveyors acting as expert witnesses state?

Answer 7

• Need for clear instructions and terms of engagement
• Gives guidance on conflicts of interest
• Outlines the difference between advocate and expert witness
• Should not take any conditional fees when acting as expert witness
• When acting in a dual role a fee-arrangement is acceptable. Must be delared to the tribunal.