Conflict Avoidance, Management & Dispute Resolution

Question 1

• What are CBRE conflict of interest checks?

Answer 1

CBRE COI check align to the industry standards – CBRE use and internal system to check clients and buildings or conflicts

Question 2

• What is the hierarchy of conflict?

Answer 2

1. Avoidance
2. Management
3. Resolution

Question 3

• How does a clear TOE minimize conflicts in the future?

Answer 3

Gives clarity on scope of work and fee calculations

Question 4

How to avoid conflicts?

Answer 4

Concise TOE
Proactive conflict avoidance
Manage expectations
Negotiate clearly and transparently
Keep good records

Question 5

• What does the RICS Professional Statement on Conflict of interests say?

Answer 5

Defines conflict of interest and requirement of informed consent, what is confidential information, identifies controls and systems that could be used

Question 6

• What is alternative dispute resolution?

Answer 6

Process of dispute resolution falling outside courts – speed, informality, negotiation, costs, confidentiality

Question 7

What are the methods of alternative dispute resolution?

Answer 7

Mediation
Arbitration
Independent Expert Determination
Acting as an Expert Witness

Question 8

Any guidance on dispute resolvers?

Answer 8

Guidance note on COI for members acting as Dispute resolutions 2020

Question 9

What is acting as an advocate?

Answer 9

Represent clients at judicial hearings
Duty solely to client
Act in a way to maintain integrity & must be competent

Question 10

Forms of dispute resolution?

Answer 10

Negotiation
Mediation & Conciliations
Adjudicative Process