Conflict Avoidance, Management & Dispute Resolution Procedure

Question 1

What are the Alternative Dispute Resolution procedures?

Answer 1

1. Negotation
2. Mediation (use of third party, but no decision is binding)
3. Adjudicative processes (arbitration or litigation)

Question 2

What are the benefits of Alternative Dispute Resolution?

Answer 2

Speed, informality, confidentiality, cost (cheaper)

Question 3

What is ADR?

Answer 3

Alternative Dispute Resoltion - made outside of the courts when negotiations break down.

Question 4

What is arbitration?

Answer 4

• under the Arbitration Act
• parties are bound by the decision that the arbitrator reaches
• fast and confidential
• not in court, and therefore can remain private
• expert knowledge

Question 5

What is an independent expert?

Answer 5

A person appointed with expert knowledge in the subject, using the information they receive, they investigate and use their own opinions to make a decision.

Question 6

What is an expert witness?

Answer 6

A surveyor providing evidence, usually in court proceedings.
Their duty is to the court, an must ensure no COI

Question 7

What is negotiation?

Answer 7

Parties involved try to find a solution

Question 8

What is mediation?

Answer 8

A neutral third party assists, helps them come to a solution but it is not binding

Question 9

What is an adjudicative process?

Answer 9

A third party makes a decision

Question 10

What is an advocate?

Answer 10

A surveyor appointed by a party to present the case for a client using argument, showing the tribunal why the client’s case should be preferred.

Question 11

What are the three formal forms of dispute resolution?

Answer 11

• Arbitration
• Litigation
• Adjudication

Question 12

What considerations must be taken when choosing a form of dispute resolution?

Answer 12

• The cost in proportion to the claim
• The timescales
• The impact on business relationships and reputation

Question 13

What is adjudication?

Answer 13

• UK Statutory dispute resolution procedure
• Relatively quick procedure
• Binding until determined by litigation or arbitration
• Seen as a simplified arbitration process

Question 14

Can you give an example of when disputes have arisen in your experience?

Answer 14

(Agmerhurst Farm, Richard White) When a tenant farmer ended his AHA tenancy on an estate, the dilapidations claim was disputed. This issue is ongoing, and having failed to be resolved with negotations and mediations, I have adivsed him on arbitration

Question 15

How do you conduct negotiations?

Answer 15

(P&S) I ensure to fully understand my clients bottom line, and any other conditions associated with an offer, and discuss with the interested party with my clients best interest in mind.
(MA) Make sure to value to property appropriately and set my clients expectations.

Question 16

What can you do if negotiations break down?

Answer 16

(MA) If a client disagrees with the market appraisal of their property, I ask my colleagues to discuss and provide a second opinion.
(P&S) If a bidder cannot meet my clients absolute minium price, I adivse my client of their options, including returning to the open market, or accepting it

Question 17

What is the role of the RICS in dispute resolution?

Answer 17

• Providing guidance notes
• Providing training
• Appointing arbitrators