Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards
What is a conflict?
a situation where a member/firms professional judgement might be compromised when working on an assignment
When do disputes arise in your role?
- following a complaint
- divorce valuation
- partnership dissolution
What can you do if negotations break down?
- alernative disputes of resolution
What do the RICS rules of conduct say about avoiding conflicts of interest?
say that members must avoid conflicts of interest or where there is risk, or actual conflict of interest.
Give examples of ways that conflicts can be avoided?
- checking where possible about the parties involved
- ensuring the scope of work
- anticipating potential third party involvements
- passing work on to colleagues
Why is good management important?
makes avoiding conflict easier
What are the benefits of clear contract documentation?
- in handling complaints
- in ensuring scope of work/fee
What is partnering or alliancing?
a collaborative management approach to a project that encourages team working
Why is good project or instruction management important?
- ensures project delivered on time
- helps with risk management
- defines clear goals
How can good client management reduce conflict?
- ensures client is aware of how an instruction is proceding
- sets boundaries of expectation
- obtains client objectives
Give examples of good payment practices
- set clear expectations to client
- invoice promptly
- follow up
How can good record keeping avoid conflict?
- provides evidence of scope of work
- provides evidence of communications
- provides evidence of work carried out
How do reporting and proactivity reduce conflict?
- raises issues early
- provides confidence in the surveyor
What are the 3 pillars of dispute resolution?
1 negotiaiton
2 mediation/concillation
3 adjucative process
Who introduced the terms of dispute resolution?
Professor Green - Boston University
Give examples of each method of dispute resolution
1 - negotiation - early evaluation, collaborative compromise, problem solving
2 - Mediation - third party independent neutral mediator to facilitate discussions between parties but decisions stay with parties
3 ) adjudactive process - expert determination, arbitration, litigation
How do mediation and concilliation differ globally?
- in some jurisdictions, concilliators issue formal orders or decisions
Why is the difference between mediation and concilliaiton important to be aware of?
- because one could be legally binding, so important to choose which is right for client
What is Alternative Dispute Resolution?
a faster/cheaper approach to dispute resolution than traditional methods whilst still trying to maintain business relationships
Why might you prefer to pursue ADR rather than litigation through the courts?
- cheaper
- quicker
- help maintain/repair business relations
Tell me about a conflict of interest check you have carried out?
- RICS red book valuation conflict of interest
include checklist of
-confirming involvement with yourself and other members in firm - searching databases including, auction software, invoicing software and sale/management software
- request any personal interest from other members of staff
What would you do if you identified a perceived/actual conflict of interest?
Make client / third parties aware and remove myself from the instruction and if able recommend alternative agent
Can you tell me about any RICS guidance relating to conflicts of interest?
RICS Conflict of Interest global 1 ed
What is the pracice of dual agency/double dipping?
Acting for both seller and buyer
Can you tell me about any recent guidance relating to dual agency/double dipping
1 jan 2018 rics banned double dipping
What is the difference between an arbitrator and an independent expert?
arbitration more formal than independent expert, arbitrators award legally binding decision, independent expert cant award a decision
Can you tell me about any other types of ADR? (arbitration)
Arbitration - award is final and legally binding, quick process, private and confidential, assesses evidence and makes decision
what is adjudication?
28 day procedure, adjudicator is an expert, adjudicators, decision is binding unless turned over in court or abitration
What is the TCC and what is their role?
technology and construction court - handles disputes about surveying, building and engineering
Explain the roles of the CPR’s?
consumer and business protection service
What governs dispute resolution during insolvency or bankruptcy proceedings?
Insolvenct Act 1986
What is a dispute review or recommendation board?
a panel of experts that help resolve issues during a project
What are the relevant timescales for adjudication?
28 days, 14 day extension, maximum 42 days
What is the basic principle of adjudication?
resolution of disputes, quickly, fairly and cost effectively
What claims is adjudication appropriate for?
financial, defective of contractual interpretation
Explain the various adjudication services provided by the RICS
consumer (which trusted trader
low value (less than 50k)
summary (sml business less than 20k)
construction (construction act)
what is the role of RICS in dispute resolution?
provide DRS in land, property and construction indsutries
What RICS guidance are you aware of relating to dipsute resolution, ADR or orles in dispute resolution?
conflict avoidance and dispute resolution in construction
Tell me about your role if you were acting as an expert witness/advocate?
expert witness - provide objective, unbiased on matters within your expertise
advocate - present a case to for the client using argument showing the trinbunal why your clients case should be preferred
What is the difference between an expert witness and an advocate?
expert witness must be impartial and is court appointed. an advocate is appointed by a client and is there to argue one clients case
How does your duty of care differ between expert witness and advocate?
who your duty of care is to - expert witness DOC is to the court, advocate to DOC is to the client
What tribunals are you aware of?
- land tribunal
- valuation tribunal
- employment tribunal
When might the lands tribunal be involved in a dispute?
- restrictive covenants
- rating valuations
- right to buy
- landlord and tenant disputes
- compensation
- business property
- title deeds
What are the differences between conflict avoidance and dispute resolution?
conflict avoidance is proactive
dispute resolution is attemtempting to resolve a conflict/dispute
What dispute resolution proceures lead to a binding decision?
abritration
expert determination
What is a Scott Schedule and when would one be used?
outlines set of allegations for the court
Explain the RICS confliuct avoidance pledge to me
initiated across a number of leading professional bodies in the constructiion, engineering bodies and is a commitment to actively input measures etc to avoid conflict within the industry
What RICS guidance relates to conflicts of interest for dispute resolvers?
Conflicts of Interest for Members Acting as Dispute Resolvers, 2nd edition
When was the conflicts of interest for members acting as dispute resolvers last updated and what changed?
October 2022, became a professional standard rather than guidance
How does dispute resolution work for agricultural tenancies?
AHA - abritration, court, tribunal
negotiations first
How are disputes relating to payment of subsidies made by natural england or the RPA dealt with?
1 fill out an appeals form (CA1) and lodge 2complaint
3 ombudsman
4 independent agricultural appeals panel
5 judicial review
What RICS guidance relates to rural arbitration?
rural arbitration standard 1st ed
What are the key principles of the rural abritration standards?
- obtain fair resoltion of disputes by an impartial tribunal without unnceccessary delay or response
- parties should be free to agree how dispute is resolved
- the court should not intervene
Explain the role of the Boundary Disputes Mediation Service.
helps neighbours resolve boundary line disputes in a quicker, cheaper, easier way than litigation
What is the role of the simplified arbitration service?
support the legitimate right of parties to use arbitration by providing a strucutre and timetable that ensures disputes are dealt with quickly & inexpensively
What types of disputes can the simplifed abritration service be used for?
disputes between rural landlords and tenants
What are the benefits of the Simplified Arbitration Service?
- uncomplicated
- quick
- low cost
Explain the thomas kilman model
helps people understand and adept their responses to conflict situation
identifies 5 methods of conflict management styles split into assertive meausures and cooperative measures
inc
- collaborating
- competing
- avoiding
- compromising
- accomodating
