Conflict avoidance management and dispute resolution procedures L1 Flashcards
L1
What is a conflict?
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When do disputes arise in your role?
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What can you do if negotiations break down?
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What is a conflict of interest?
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What do the RICS Rules of Conduct say about avoiding conflicts of interest?
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Give examples of ways that conflict can be avoided.
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Why is good management important?
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What are the benefits of clear contract documentation?
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What is partnering or alliancing?
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Why is good project or instruction management important?
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How can good client management reduce conflict?
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Give examples of good payment practices.
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How can good record keeping avoid conflict?
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How do reporting and proactivity reduce conflict?
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What are the three pillars of dispute resolution? Who introduced these terms? Give examples of each.
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How do mediation and conciliation differ globally?
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Why is this important to be aware of?
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What is Alternative Dispute Resolution (ADR)?
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Why might you prefer to pursue ADR rather than litigation through the Courts?
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Tell me about a conflict of interest check you have carried out.
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What would you do if you identified a perceived/actual conflict of interest?
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Can you tell me about any RICS guidance relating to conflicts of interest?
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What is the practice of dual agency/double dipping?
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Can you tell me about any recent RICS guidance relating to dual agency/double dipping?
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What is the difference between an arbitrator and an independent expert?
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Can you tell me about any other types of ADR?
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Can you tell me about mediation/conciliation/adjudication?
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What is the Technology & Construction Court and what is its role?
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If you work with contracts explain how dispute resolution works in a contract you have worked with.
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Explain the role of the Civil Procedure Rules (CPRs).
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What does CPR Practice Direction 35 relate to?
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What changes were made by the Civil Procedure (Amendment) Rules 2023?
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What governs dispute resolution during insolvency or bankruptcy proceedings?
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What is a Dispute Review or Recommendation Board (DRB)?
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What is a Dispute Adjudication Board (DAB)? How do these work?
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What are the relevant timescales for adjudication?
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Which Act governs adjudication?
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What is the basic principle of adjudication?
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What claims is adjudication appropriate for?
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What is the aim of adjudication?
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Explain the various adjudication services provided by RICS.
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Explain the impact of the Housing Grants Construction and Regeneration Act 1996 (Construction Act) on dispute resolution and construction contracts.
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What timeframe is relevant under this?
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Explain what the role of the RICS Low Value Dispute Adjudication service is.
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What level of claim can this service be used for?
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What makes this process cost effective?
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How does homeowner adjudication work under the Construction Act?
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Can you tell me about PACT in relation to lease renewals?
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What is the role of RICS in dispute resolution?
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What RICS guidance are you aware of relating to dispute resolution ADR or roles in dispute resolution?
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Tell me about your role if you were acting as an expert witness/advocate.
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What is the difference between the two?
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How does your duty of care differ in the two roles?
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What tribunals are you aware of?
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When might the Lands Tribunal be involved in a dispute?
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What are the differences between conflict avoidance and dispute resolution?
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Which dispute resolution procedures lead to a binding decision?
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What is a Scott Schedule and when would one be used?
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Explain the RICS conflict avoidance pledge to me.
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What RICS guidance relates to conflicts of interest for dispute resolvers?
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When was this last updated and what changes were made?
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Explain the Thomas Kilman model to me.
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