Conflict avoidance management and dispute resolution procedures Flashcards
What does RICS stand for?
Royal Institution of Chartered Surveyors
True or False: RICS promotes conflict avoidance as a key principle in project management.
True
Fill in the blank: RICS emphasizes the importance of __________ in avoiding disputes.
communication
What is one primary method RICS suggests for conflict avoidance?
Early identification of potential issues
Multiple Choice: Which of the following is a key aspect of RICS’s conflict avoidance strategy? A) Ignoring problems B) Open dialogue C) Delaying decisions
B) Open dialogue
What role does collaboration play in RICS’s approach to conflict avoidance?
Collaboration is essential for resolving issues before they escalate.
Name one benefit of conflict avoidance as highlighted by RICS.
Reduced costs associated with disputes
True or False: RICS recommends formal dispute resolution as the first step in conflict management.
False
What is the significance of clear contracts according to RICS in preventing conflicts?
Clear contracts help set expectations and reduce misunderstandings.
How does RICS suggest handling differences of opinion to avoid conflicts?
Through constructive discussions and negotiations.
What is the primary goal of conflict avoidance according to the red book?
To prevent disputes and maintain harmony in relationships.
True or False: The red book suggests that conflict avoidance is always a positive strategy.
False
Fill in the blank: The red book identifies _____ as a common method of conflict avoidance.
denial
What are the potential negative consequences of conflict avoidance mentioned in the red book?
Increased tension, unresolved issues, and potential escalation of conflict.
Multiple choice: Which of the following is NOT a strategy for conflict avoidance outlined in the red book? A) Compromising B) Ignoring issues C) Seeking mediation
C) Seeking mediation
According to the red book, what is a key factor in determining whether conflict avoidance is appropriate?
The context and nature of the conflict.
True or False: The red book advocates for always addressing conflicts directly rather than avoiding them.
True
What does the red book suggest individuals should do instead of avoiding conflict?
Engage in open communication and seek resolution.
Fill in the blank: The red book emphasizes the importance of _____ in mitigating potential conflicts.
effective communication
What is one of the recommendations for managing conflict provided in the red book?
Developing conflict resolution skills.
What does RICS stand for?
Royal Institution of Chartered Surveyors
True or False: RICS provides a framework for dispute resolution in the construction and property sectors.
True
Fill in the blank: RICS promotes _____ as a means of resolving disputes.
alternative dispute resolution (ADR)
What are the two primary methods of dispute resolution recognized by RICS?
Mediation and arbitration
Multiple Choice: Which of the following is NOT a benefit of mediation according to RICS? A) Cost-effective B) Confidential C) Legally binding
C) Legally binding
What is the role of an arbitrator in RICS dispute resolution?
To make a binding decision on the dispute after hearing evidence from both parties.
True or False: RICS recommends that parties attempt mediation before resorting to arbitration.
True
What is the purpose of the RICS Dispute Resolution Service?
To provide guidance and support for resolving disputes in the property and construction sectors.
Short Answer: Name one key advantage of arbitration over litigation.
Arbitration is usually faster and more cost-effective than litigation.
What is the significance of the RICS Code of Conduct in dispute resolution?
It sets the ethical standards and practices for RICS members involved in dispute resolution processes.
What is the primary purpose of alternative dispute resolution (ADR)?
To resolve disputes outside of the traditional court system.
Name one common method of alternative dispute resolution.
Mediation.
True or False: Arbitration is a non-binding form of alternative dispute resolution.
False.
Fill in the blank: ___________ is a process where a neutral third party helps disputing parties reach a mutually agreeable solution.
Mediation.
What is the key difference between mediation and arbitration?
In mediation, the mediator facilitates discussion, while in arbitration, the arbitrator makes a binding decision.
Which alternative dispute resolution method involves a neutral third party making a binding decision?
Arbitration.
Multiple choice: Which of the following is NOT an alternative dispute resolution method? A) Mediation B) Arbitration C) Litigation D) Negotiation
C) Litigation.
What is the role of a conciliator in alternative dispute resolution?
To improve communication between parties and suggest solutions.
True or False: Collaborative law is a form of alternative dispute resolution that involves attorneys working together with clients to resolve disputes.
True.
Name two advantages of using alternative dispute resolution over traditional litigation.
Cost-effectiveness and faster resolution.
What is alternative dispute resolution (ADR)?
A process to resolve disputes outside of traditional legal proceedings.
True or False: Mediation is a form of alternative dispute resolution.
True
Fill in the blank: __________ is a non-binding process where a neutral third party facilitates discussion between disputing parties.
Mediation
What is arbitration?
A process where a neutral third party makes a binding decision to resolve a dispute.
Which of the following is NOT a form of ADR? A) Mediation B) Arbitration C) Litigation
C) Litigation
Define ‘negotiation’ in the context of ADR.
A dialogue between parties aimed at reaching a mutually acceptable agreement.
What is the primary goal of alternative dispute resolution?
To resolve disputes efficiently and amicably without going to court.
True or False: Conciliation is similar to mediation but more advisory in nature.
True
List one advantage of using ADR over litigation.
Cost-effectiveness.
What is the role of a neutral third party in arbitration?
To listen to both sides and make a binding decision on the dispute.
What does RICS stand for?
Royal Institution of Chartered Surveyors
True or False: The RICS dispute resolution service is mandatory for all members.
False
Fill in the blank: The RICS dispute resolution service aims to provide __________ solutions to conflicts.
fair and impartial
What is one key principle of the RICS dispute resolution guidelines?
Confidentiality
Multiple choice: Which of the following is NOT a method of dispute resolution offered by RICS? A) Mediation B) Arbitration C) Litigation D) Conciliation
C) Litigation
What role does an RICS mediator play in a dispute?
To facilitate communication and negotiation between parties.
True or False: RICS guidelines encourage parties to resolve disputes without external intervention whenever possible.
True
What document outlines the procedures for the RICS dispute resolution service?
RICS Dispute Resolution Service Guidelines
Fill in the blank: The RICS dispute resolution service is designed to be __________ and cost-effective.
efficient
What is the primary benefit of using RICS dispute resolution services?
To achieve a resolution that is acceptable to all parties involved.
What is the difference between an advocate and an arbitrator?
In short, an advocate fights for one side, while an arbitrator makes a fair decision between both sides.
What is an advocate?
Advocate:
Represents one party in a dispute, such as a lawyer arguing for their client in court or negotiations.
Their job is to present their client’s case as strongly as possible.
They are partial, meaning they take a side and work in that party’s best interest.
What is an arbitrator?
Acts as a neutral third party who listens to both sides and makes a binding or non-binding decision.
Similar to a judge in private dispute resolution, often used in business or labor disputes.
They are impartial, meaning they do not favor either side.
Can an expert witness be sued?
Yes they can be.
Negligence – If an expert provides an opinion that is careless, incorrect, or fails to meet professional standards, they could face a negligence claim. For RICS members, this could involve failing to follow RICS Practice Statements or Red Book standards.
Breach of Contract – If the expert was hired under a contract and failed to perform their duties properly, the instructing party might sue for damages.
Professional Misconduct – RICS members must follow RICS Rules of Conduct. A breach could lead to disciplinary action from RICS or legal consequences.
Defamation or Misrepresentation – If an expert knowingly provides false or misleading evidence, they could face legal action.
