Conflict Avoidance, Management, and Dispute Resolution Procedures:

Question 1

What are the most common causes of disputes?

Answer 1

1 Money
2. Delays
3. Defects
4. Conflicting objectives
5. Historic context
6. Difference of professional opinion

Question 2

What steps can you take to avoid disputes?

Answer 2

1. Risk management
2. Recognize early warning signs
3. Use partnering techniques
4. Maintain strong constructive communication

Question 3

What are the types of Alternative Dispute Resolution (ADR)?

Answer 3

1. Conciliation
2. Mediation
3. Adjudication
4. Arbitration
5. Independent Expert Determination
6. Early Neutral Evaluation (ENE)

Question 4

Why might ADR be preferable to litigation?

Answer 4

1. Typically cheaper and quicker
2. More flexible process
3. Confidential - less negatige reputational damage
4. Specialists/experts may be involved
5. Opportunities for negotiation

Question 5

What is litigation and how does it differ from ADR?

Answer 5

Litigation involves taking legal action through the Courts as defined by the Civil Procedure Rules. It is public, often costly, and can result in out-of-court settlements to avoid further costs.

Question 6

What are the three recognized pillars of dispute resolution?

Answer 6

1. Negotiation
2. Mediation
3. Adjudication

Question 7

What types of disputes does the RICS Dispute Resolution Service (DRS) handle?

Answer 7

1. Commercial property rent reviews
2. Construction adjudications
3. Dilapidations disputes
4. Mediators
5. Neighbour disputes
6. Professional Arbitration on Court Terms (PACT) for lease renewal, service charge disputes