Conflict Avoidance, Management and Dispute Resolution Flashcards
How might a conflict arise?
Failure to comply with contractual obligations.
If one or more parties had failed to comply with their contractual obligations.
e.g. – instructed consultant and they have not undertaken the work required correctly / or on time.
Have you ever bene involved in a conflict / a situation?
I haven’t been in this situation as I have always clearly, concisely and carefully drafted the contract and associated documents.
How might you avoid a conflict arising in the first place / Conflict Avoidacne?
- Have Clear Contractual Obligations
- Be proactive and have conflict avoidance analysis
- Managing Expectations
- Keeping Good Records
What may a conflict cause?
Failure to avoid conflicts will incur costs in their subsequent management and resolution.
What is Dispute Resolution?
Steps taken to resolve a conflict / dispute between 2 parties.
If you are wanting to try and resolve a dispute what should you do?
There are 3 main process available to solve disputes:
1) Negotiation – Parties involved will work it out – problem solving.
2) Mediation or Reconciliation – Third party intervention which does not bind the parties to a decision but assist the resolution.
3) Adjudicative Process – An outcome is determined by a third party – such as litigation or arbitration – binding parties.
What is litigation?
The process of taking legal action.
What is Alternative Dispute Resolution?
These are dispute resolution processes that fall outside the scope of court litigation.
What are advantages of Alternative Dispute Resolutions?
1) Quicker and less costly
2) Informality – outside a court
3) Negotiation – greater opportunity for negotiation
4) Cost – less money spent on professional fees
5) Quality of decision – as the outcome can be made by a surveyor rather than a judge.
6) Confidentiality - more confidential as not going to court.
What are the various forms of Alternative Dispute Resolution in the UK?
1) Mediation
2) Arbitration
3) Independent Expert Witness
4) Early Neutral Evaluation
5) Acting as Expert Witness
6) Acting as an Advocate
What is Mediation?
A neutral mediator (third party) is used to facilitate a discussion between two parties.
* A confidential and informal process.
* Mediator has decision authority and cannot impose an outcome,
* Usually conducted on a without prejudice basis.
What is Arbitration?
An arbitrator with specialist knowledge is appointed in a quasi-judicial role in accordance with the Arbitration Act 1996.
What is independent expert determination?
An independent witness is appointed by the two parties (or by the president of the RICS if the two parties are using the RICS dispute resolution service
What is early natural evaluation?
Use of an independent person, experienced in the subject matter of the dispute, to investigate and give their non-binding opinion.
Explain what acting as an expert witness is?
When a surveyor provides evidence to a judicial or quasi-judicial body – it is an expert witness.
