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RICS APC RURAL PATHWAY > Conflict Avoidance, Management and Dispute Resolution Procedures > Flashcards

Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards

1
Q

What is a conflict?

A

a situation where a member/firms professional judgement might be compromised when working on an assignment

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1
Q

When do disputes arise in your role?

A
  • following a complaint
  • divorce valuation
  • partnership dissolution
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2
Q

What can you do if negotations break down?

A
  • alernative disputes of resolution
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3
Q

What do the RICS rules of conduct say about avoiding conflicts of interest?

A

say that members must avoid conflicts of interest or where there is risk, or actual conflict of interest.

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4
Q

Give examples of ways that conflicts can be avoided?

A
  • checking where possible about the parties involved
  • ensuring the scope of work
  • anticipating potential third party involvements
  • passing work on to colleagues
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5
Q

Why is good management important?

A

makes avoiding conflict easier

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6
Q

What are the benefits of clear contract documentation?

A
  • in handling complaints
  • in ensuring scope of work/fee
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7
Q

What is partnering or alliancing?

A

a collaborative management approach to a project that encourages team working

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8
Q

Why is good project or instruction management important?

A
  • ensures project delivered on time
  • helps with risk management
  • defines clear goals
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9
Q

How can good client management reduce conflict?

A
  • ensures client is aware of how an instruction is proceding
  • sets boundaries of expectation
  • obtains client objectives
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10
Q

Give examples of good payment practices

A
  • set clear expectations to client
  • invoice promptly
  • follow up
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11
Q

How can good record keeping avoid conflict?

A
  • provides evidence of scope of work
  • provides evidence of communications
  • provides evidence of work carried out
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12
Q

How do reporting and proactivity reduce conflict?

A
  • raises issues early
  • provides confidence in the surveyor
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13
Q

What are the 3 pillars of dispute resolution?

A

1 negotiaiton
2 mediation/concillation
3 adjucative process

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14
Q

Who introduced the terms of dispute resolution?

A

Professor Green - Boston University

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15
Q

Give examples of each method of dispute resolution

A

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

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16
Q

How do mediation and concilliation differ globally?

A
  • in some jurisdictions, concilliators issue formal orders or decisions
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17
Q

Why is the difference between mediation and concilliaiton important to be aware of?

A
  • because one could be legally binding, so important to choose which is right for client
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18
Q

What is Alternative Dispute Resolution?

A

a faster/cheaper approach to dispute resolution than traditional methods whilst still trying to maintain business relationships

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19
Q

Why might you prefer to pursue ADR rather than litigation through the courts?

A
  • cheaper
  • quicker
  • help maintain/repair business relations
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20
Q

Tell me about a conflict of interest check you have carried out?

A
  • 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
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21
Q

What would you do if you identified a perceived/actual conflict of interest?

A

Make client / third parties aware and remove myself from the instruction and if able recommend alternative agent

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22
Q

Can you tell me about any RICS guidance relating to conflicts of interest?

A

RICS Conflict of Interest global 1 ed

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23
Q

What is the pracice of dual agency/double dipping?

A

Acting for both seller and buyer

24
Q

Can you tell me about any recent guidance relating to dual agency/double dipping

A

1 jan 2018 rics banned double dipping

25
Q

What is the difference between an arbitrator and an independent expert?

A

arbitration more formal than independent expert, arbitrators award legally binding decision, independent expert cant award a decision

26
Q

Can you tell me about any other types of ADR? (arbitration)

A

Arbitration - award is final and legally binding, quick process, private and confidential, assesses evidence and makes decision

27
Q

what is adjudication?

A

28 day procedure, adjudicator is an expert, adjudicators, decision is binding unless turned over in court or abitration

28
Q

What is the TCC and what is their role?

A

technology and construction court - handles disputes about surveying, building and engineering

29
Q

Explain the roles of the CPR’s?

A

consumer and business protection service

30
Q

What governs dispute resolution during insolvency or bankruptcy proceedings?

A

Insolvenct Act 1986

31
Q

What is a dispute review or recommendation board?

A

a panel of experts that help resolve issues during a project

32
Q

What are the relevant timescales for adjudication?

A

28 days, 14 day extension, maximum 42 days

33
Q

What is the basic principle of adjudication?

A

resolution of disputes, quickly, fairly and cost effectively

34
Q

What claims is adjudication appropriate for?

A

financial, defective of contractual interpretation

35
Q

Explain the various adjudication services provided by the RICS

A

consumer (which trusted trader
low value (less than 50k)
summary (sml business less than 20k)
construction (construction act)

36
Q

what is the role of RICS in dispute resolution?

A

provide DRS in land, property and construction indsutries

37
Q

What RICS guidance are you aware of relating to dipsute resolution, ADR or orles in dispute resolution?

A

conflict avoidance and dispute resolution in construction

38
Q

Tell me about your role if you were acting as an expert witness/advocate?

A

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

39
Q

What is the difference between an expert witness and an advocate?

A

expert witness must be impartial and is court appointed. an advocate is appointed by a client and is there to argue one clients case

40
Q

How does your duty of care differ between expert witness and advocate?

A

who your duty of care is to - expert witness DOC is to the court, advocate to DOC is to the client

41
Q

What tribunals are you aware of?

A
  • land tribunal
  • valuation tribunal
  • employment tribunal
42
Q

When might the lands tribunal be involved in a dispute?

A
  • restrictive covenants
  • rating valuations
  • right to buy
  • landlord and tenant disputes
  • compensation
  • business property
  • title deeds
43
Q

What are the differences between conflict avoidance and dispute resolution?

A

conflict avoidance is proactive
dispute resolution is attemtempting to resolve a conflict/dispute

44
Q

What dispute resolution proceures lead to a binding decision?

A

abritration
expert determination

45
Q

What is a Scott Schedule and when would one be used?

A

outlines set of allegations for the court

46
Q

Explain the RICS confliuct avoidance pledge to me

A

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

47
Q

What RICS guidance relates to conflicts of interest for dispute resolvers?

A

Conflicts of Interest for Members Acting as Dispute Resolvers, 2nd edition

48
Q

When was the conflicts of interest for members acting as dispute resolvers last updated and what changed?

A

October 2022, became a professional standard rather than guidance

49
Q

How does dispute resolution work for agricultural tenancies?

A

AHA - abritration, court, tribunal
negotiations first

50
Q

How are disputes relating to payment of subsidies made by natural england or the RPA dealt with?

A

1 fill out an appeals form (CA1) and lodge 2complaint
3 ombudsman
4 independent agricultural appeals panel
5 judicial review

51
Q

What RICS guidance relates to rural arbitration?

A

rural arbitration standard 1st ed

52
Q

What are the key principles of the rural abritration standards?

A
  • 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
53
Q

Explain the role of the Boundary Disputes Mediation Service.

A

helps neighbours resolve boundary line disputes in a quicker, cheaper, easier way than litigation

54
Q

What is the role of the simplified arbitration service?

A

support the legitimate right of parties to use arbitration by providing a strucutre and timetable that ensures disputes are dealt with quickly & inexpensively

55
Q

What types of disputes can the simplifed abritration service be used for?

A

disputes between rural landlords and tenants

56
Q

What are the benefits of the Simplified Arbitration Service?

A
  • uncomplicated
  • quick
  • low cost
57
Q

Explain the thomas kilman model

A

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

RICS APC RURAL PATHWAY (18 decks)

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