Conflict Avoidance, Management and Dispute Resolution Procedures L1

Question 1

What 3 types of dispute resolution are there?

NMA

Answer 1

1. Negotiation - start
2. Mediation - middle man
3. Adjudication - court £££

Question 2

What are the various alternative dispute resolution (ADR) options?

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Answer 2

• Mediation - Often without prejudice - Neautral Mediator faciliates decision
• Arbitration - Quasi judge will determine an outcome
• Ajudication - Imposes 28 day time scale using a binding contract (often used in construction)
• Inderpendant Expert Determination - RICS appointed Inderpendant Expert Advisor - Binding
• Early Neutral Evaluation - Neutreal expert investigates and gives a non-binding decision

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Question 3

How do you avoid conflict?

Answer 3

• Clear terms of engagement negotiated transparently
• Proactive risk analysis - ask yourself what could go wrong?
• Manage expectations - understand objectives of parties
• Detailed audit trail

Question 4

What guidance is there for acting as Expert Witness and Advocate?

Answer 4

1. Practice Statement Surveyors Acting as Expert Witness (4th Edition) 2023
2. Practice Statement Surveyors Acting as Advocate (2nd Edition) 2017

Question 5

What is the difference between Expert Witness and Advocate?

Answer 5

• Expert Witness: Duty is to the panel to present factual matters
• Advocate: Duty is to provide a summaristion of matters inline with clients interest

Question 6

What were changes were made to Practice Statement Surveyors Acting as Expert Witness (4th Edition) 2023?

Answer 6

• New document allows Experts to take instruction from solicitors instructed on a conditional fee basis on an unconditional fee basis

Question 7

What are the requirments of Acting as Expert Witness?

Answer 7

• Duty is the panel
• Must be impartial
• Cannot be on a conditonal fee basis
• Must have inspected (or state why you did not inspect)
• Requires conflict of intrest check and ToEs with fixed fee and

Question 8

What are the requirments of Acting as Advocate?

Answer 8

• Duty is to provide a summaristion of matters inline with clients interest
• Must be competent
• Instruction must be confirmed in writing

Question 9

Who is the RICS defult ADR provider in the UK?

Answer 9

RICS use Centre for Effective Dispute Resolution - (CEDR)
since 2018 and the contract was renewed in 2023

Question 10

Where must a firm state their ADR procedure?

Answer 10

ADR must be stated in a firms Complaint Handling Procedure