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
