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RICS APC - GD > Conflict avoidance, management & dispute resolution procedures > Flashcards

Conflict avoidance, management & dispute resolution procedures Flashcards

1
Q

What is a conflict?

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2
Q

When do disputes arise in your role?

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3
Q

What can you do if negotiations break down?

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4
Q

What is a conflict of interest?

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5
Q

What do the RICS Rules of Conduct say about avoiding conflicts of interest?

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6
Q

Give examples of ways that conflict can be avoided.

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7
Q

Why is good management important?

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8
Q

What are the benefits of clear contract documentation?

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9
Q

What is partnering or alliancing?

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10
Q

Why is good project or instruction management important?

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11
Q

How can good client management reduce conflict?

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12
Q

Give examples of good payment practices.

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13
Q

How can good record keeping avoid conflict?

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14
Q

How do reporting and proactivity reduce conflict?

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15
Q

What are the three pillars of dispute resolution?

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16
Q

Who introduced these terms?

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17
Q

Give examples of each

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18
Q

How do mediation and conciliation differ globally?

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19
Q

Why is this important to be aware of?

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20
Q

What is Alternative Dispute Resolution (ADR)?

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21
Q

Why might you prefer to pursue ADR rather than litigation through the Courts?

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22
Q

Tell me about a conflict of interest check you have carried out.

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23
Q

What would you do if you identified a perceived/actual conflict of interest?

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24
Q

Can you tell me about any RICS guidance relating to conflicts of interest?

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25
Q

What is the practice of dual agency/double dipping?

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26
Q

Can you tell me about any recent RICS guidance relating to dual agency/double dipping?

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27
Q

What is the difference between an arbitrator and an independent expert?

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28
Q

Can you tell me about any other types of ADR?

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29
Q

Can you tell me about mediation/conciliation/adjudication?

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30
Q

What is the Technology & Construction Court and what is its role?

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31
Q

If you work with contracts, explain how dispute resolution works in a contract you have worked with.

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32
Q

Explain the role of the Civil Procedure Rules (CPRs).

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33
Q

What does CPR Practice Direction 35 relate to?

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34
Q

What governs dispute resolution during insolvency or bankruptcy proceedings?

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35
Q

What is a Dispute Review or Recommendation Board (DRB)?

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36
Q

How does this process work?

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37
Q

What is a Dispute Adjudication Board (DAB)?

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38
Q

How do these work?

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39
Q

What are the relevant timescales for adjudication?

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40
Q

Which Act governs adjudication?

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41
Q

What is the basic principle of adjudication?

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42
Q

What claims is adjudication appropriate for?

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43
Q

What is the aim of adjudication?

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44
Q

Explain the various adjudication services provided by RICS.

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45
Q

Explain the impact of the Housing Grants Construction and Regeneration Act 1996 (Construction Act) on dispute resolution and construction contracts.

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46
Q

What timeframe is relevant under this?

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47
Q

Explain what the role of the RICS Low Value Dispute Adjudication service is.

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48
Q

What level of claim can this service be used for?

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49
Q

What makes this process cost effective?

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50
Q

How does homeowner adjudication work under the Construction Act?

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51
Q

Can you tell me about PACT in relation to lease renewals?

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52
Q

What is the role of RICS in dispute resolution?

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53
Q

What RICS guidance are you aware of relating to dispute resolution, ADR or roles in dispute resolution?

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54
Q

Tell me about your role if you were acting as an expert witness/advocate.

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55
Q

What is the difference between the two?

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56
Q

How does your duty of care differ in the two roles?

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57
Q

What tribunals are you aware of?

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58
Q

When might the Lands Tribunal be involved in a dispute?

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59
Q

What are the differences between conflict avoidance and dispute resolution?

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60
Q

Which dispute resolution procedures lead to a binding decision?

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61
Q

What is a Scott Schedule and when would one be used?

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62
Q

Explain the RICS conflict avoidance pledge to me.

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63
Q

What RICS guidance relates to conflicts of interest for dispute resolvers?

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64
Q

When was this last updated and what changes were made?

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65
Q

How would ADR be applied for in Scotland?

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66
Q

Who would appoint the Arbitrator / Independent Expert in Scotland?

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67
Q

Explain the Thomas Kilman model to me.

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68
Q

Give an example of a manageable/unmanageable conflict.

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69
Q

What means of redress are available to a client whose complaint has been rejected by a firm? (e.g. Arbitration, Mediation, CEDR, Conciliation, Law).

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70
Q

What are the limits of the remit of CEDR?

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71
Q

How long does a pursuer have to make a claim in Scotland after discovering a loss?

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72
Q

Can an expert witness be sued in Scotland?

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73
Q

If appointed as an expert witness, who are you principally responsible to?

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74
Q

What is the difference between an independent expert and an expert witness?

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75
Q

What is the difference between an arbitrator/arbiter and an independent expert?

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76
Q
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77
Q
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78
Q
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79
Q
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80
Q
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81
Q

What techniques are there for conflict avoidance?

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RICS APC - GD (20 decks)

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