Conflict avoidance, management and dispute resolution procedures Flashcards
What procedures could you adopt to avoid disputes?
*Clear ToE
*Effective communication between all parties
*Accurate recording keeping
*Issuing written correspondence to confirm decisions/actions
*Following company procedures
*Following RICS standards and guidance
What are the differences between negotiation, mediation and adjudicative process?
*Negotiation - between parties
*Mediation - Neutral third party who facilitates discussions but has no power to impose a decision
*Adjudicative process - formal process involving an independent expert or arbitrator the outcome decided by third party
What’s the difference between arbitrators and independent experts?
*Arbitrator - decides a dispute acting in accordance with statute, based on facts, makes a legally binding decision, cannot be sued for negligence
*Independent expert - subject matter expert appointed to give an opinion, bound by the decision, can be sued for negligence
What is an expert determination?
*Independent expert appointed by two parties to determine a case
*The expert is an exertion the subject matte
*Both parties are bound by the decision
What is ADR?
Alternative dispute resolution - processes and techniques that fall outside the scope of court litigation
Advantages of ADR?
Speed, informality, cheaper, opportunity for negotiation
What is the RICS dispute resolution?
RICS Dispute Resolution Service is the world’s oldest and largest provider of alternative dispute resolution services in the land, property and construction industries.
What are they key principles of RICS Conflict avoidance and dispute resolution in construction?
*Process for conflict avoidance
*3 pillars of dispute resolution
*Appropriate dispute resolution methods
How can you manage conflicts of interest in accordance with the RICS Global Professional Statement Conflicts of interest 2017?
*First try to avoid the conflict
*If unavoidable, inform client(s) and propose mitigation and they can give their informed written consent to proceed but its your choice and you should only proceed if it is in the best interests of both clients.
*Impose mitigations – information barrier etc.
What’s the role of a surveyor in dispute resolution proceedings?
*Appointed by a party for dispute in one of the two roles expert witness or an advocate:
*Expert witness - duty is to the tribunal, independent and unbiased, provides written expert report
*Advocate - duty is the client, presents clients case and evidence
In what three areas do disputes often arise?
Time
Cost
Quality
