Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards
What is a conflict?
Something that is incompatible or at variance
When do disputes arise in your role?
Disputes arise regarding payment of service charges, responsibility for repair, neighbour disputes.
What can you do if negotiations break down?
Refer to an ADR provider.
What is a conflict of interest?
Where a surveyor acts for clients who have competing interests, or where a surveyor’s personal interest conflicts with that/those of their client.
What do the RICS Rules of Conduct say about avoiding conflicts of interest?
Be open and transparent with clients where they could perceive a conflict of interest. Withdraw from the instruction if you cannot act impartially.
Give examples of ways that conflict can be avoided. Why is good management important?
essential
component of professionalism
What are the benefits of clear contract documentation?
Sets out the terms clearly and helps avoid disputes further down the line.
What is partnering or alliancing?
They both promote collaboration but differ in their contractual structures. Partnering typically involves a less formal agreement aimed at improving relationships between parties. Alliance contracting is a formal arrangement with shared risks and rewards, often resulting in a legally binding contract.
Why is good project or instruction management important?
How can good client management reduce conflict?
A good understanding of the client’s objectives and the client’s approach
to risk will assist in identifying how risks and issues are to be dealt with within the
contract documentation and throughout the project, and also build sufficient rapport to avoid a situation where the client incorrectly believes that the surveyor is simply in control of all aspects of the project.
Give examples of good payment practices.
Once payment provisions have been agreed, the valuation should be carried out and payments made promptly.
How can good record keeping avoid conflict?
How do reporting and proactivity reduce conflict?
The regular monitoring of cost, progress and quality is important for the success of any project - minutes of meetings, progress
reports, photos and management of any issues that are causing delay.
What are the three pillars of dispute resolution?
Negotiation
Mediation
Adjudication
Who introduced the three pillars of dispute resolution?
Professor Green of Boston University
Give examples of each of the three pillars of dispute resolution.
Negotiation - agreed between the parties themselves.
Mediation - an independent third party helps the parties to reach agreement.
Adjudication - the final outcome is
determined by a third party who imposes a
binding decision on the parties.
How do mediation and conciliation differ globally?
A mediator facilitates conversation between the parties . A conciliator facilitates negotiation and also offers solutions.
Why is it important to be aware of how mediation and conciliation differ globally?
Because in different countries, the laws governing conciliation and mediation can be different.
What is Alternative Dispute Resolution (ADR)?
Methods of resolving disputes other than litigation, such as adjudication and mediation.
Why might you prefer to pursue ADR rather than litigation through the Courts?
ADR is usually quicker and cheaper, and it can often preserve relationships between the parties.
Tell me about a conflict of interest check you have carried out. What would you do if you identified a perceived/actual conflict of interest?
If I identified a potential conflict of interest, I would pause to consider my position and whether I needed to withdraw from the instruction. If I felt sure that proceeding would not prevent me from providing
competent and diligent advice to those that may be affected and was in the interests of all of those affected, I would notify the affected parties and seek their informed consent in writing for me to proceed. I would consider whether it was necessary to put in place any sort of information barrier and I would record everything in writing including any measures taken to avoid CoIs arising.
Can you tell me about any RICS guidance relating to conflicts of interest?
RICS Professional Standard Conflict of Interest, 1st Edition March 2017, effective 1 January 2018
What is the practice of dual agency/double dipping?
Acting for multiple parties, e.g. in agency work, acting for the buyer and the seller.