Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards
What is the difference between conflict avoidance and conflict management?
Conflict Avoidance: Draft contracts and leases clearly, concisely, and carefully, along with associated documentation. Proactively analyze risks to prevent conflicts by understanding potential misunderstandings. Manage expectations by clarifying objectives and negotiating objections transparently to prevent or resolve conflicts efficiently. Maintain thorough records.
Conflict Management: Use of processes, tool and skills to find ways to manage disagreements and disputes
Tell me more about dispute resolution processes?
Dispute resolution is resolution of a dispute between 2 or more parties. Complicated method. Most basic form of dispute resolution could be negotiation. Oposite end of scale is litigation (formal legal process that ises civil legal system)
What are the steps to take if a complaint is made by a third party?
I would refer to the LSH Complaints Handling Procedure (which is approved by the RICS) and determine whether it was a formal or informal complaint. If it is formal it needs to be in writing and I would then advise my line manager and the complaints handling officer (David Gilbert). He would then acknowledge the complaint, set out a timescale and provide details of who was dealing with the complaint. If the complainant is still not happy with how it has been dealt with it can be passed on to LSH’s third party dispute resolver (The Property Ombudsman for Residential and CEDR for Commercial)
What is the difference between an arbitrator and an independent expert?
An arbitrator is appointed in accordance with the Arbitration Act 1996, is a specialist and can only use the evidence provided to them and cannot be sued for negligence.
An independent expert is appointed by both parties, is an expert and can use their own knowledge/opinion and can be sued for negligence.
