Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards
What is the difference between conflict avoidance and conflict management?
Conflict Avoidance-Involves proactive steps to prevent disputes, such as clear communication, well-defined contracts, and early intervention. RICS promotes this through the Conflict Avoidance Pledge, encouraging better planning and early resolution methods like conflict avoidance boards.
Conflict Management- Focuses on handling disputes that have already arisen through structured processes like mediation, arbitration, and adjudication. RICS offers these services through its Dispute Resolution Service (DRS) to manage conflicts without litigation.
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.
What do you understand by the term conflict?
When a member of a firm’s independence or impartiality is threatened
What are the THREE main processes available in resolving disputes?
-Negotiation: problem-solving efforts of the parties themselves
-Mediation or conciliation: third party intervention which does not bind the parties to a decision but assists them to resolve difficulties
-Adjudicative processes: an outcome determined by a third party, such as litigation or arbitration
What are the advantages of Alternative Dispute Resolution (ADR)?
-Speed – takes less time than lengthy court proceedings following the Civil Procedure Rules
-Informality – outside a court
-Greater opportunity for negotiation
-Cost – less money spent on professional fees for litigation
-Quality of decision making – as outcome or award can be made by a surveyor rather than a judge
-Confidentiality
What is mediation?
-Neutral mediator who facilitates discussions between the two parties to explore whether a solution can be found
-A confidential and informal process
-Mediation is usually conducted on a ‘without prejudice’ basis
-Mediator has no decision-making authority and cannot impose a resolution upon the two parties
-RICS Guidance Note on Mediation, 2014
What is an expert witness?
-When a surveyor provides evidence to a judicial or quasi-judicial body
-The expert must provide a Statement of Truth and confirmation that they will act impartially and objectively to the body
-Should give an objective and unbiased opinion to matters relating to their experience - they cannot ‘cherry pick’ the details to fit the case
-RICS Professional Statement for Surveyors acting as expert witnesses, 2014
What is the defference between Arbitration and Mediation?
Arbitration: formal process where a neutral arbitrator makes a binding decision after hearing both sides, similar to a court ruling
Mediation: collaborative process led by a mediator who helps the parties reach a voluntary, non-binding agreement.
In arbitration, the arbitrator controls the outcome, while in mediation, the parties retain control. Arbitration is typically more structured and costly; mediation is generally faster, less formal, and confidential.
