Conflict avoidance, management & dispute resolution procedures Flashcards
What is a conflict?
When do disputes arise in your role?
What can you do if negotiations break down?
What is a conflict of interest?
What do the RICS Rules of Conduct say about avoiding conflicts of interest?
Give examples of ways that conflict can be avoided.
Why is good management important?
What are the benefits of clear contract documentation?
What is partnering or alliancing?
Why is good project or instruction management important?
How can good client management reduce conflict?
Give examples of good payment practices.
How can good record keeping avoid conflict?
How do reporting and proactivity reduce conflict?
What are the three pillars of dispute resolution?
Who introduced these terms?
Give examples of each
How do mediation and conciliation differ globally?
Why is this important to be aware of?
What is Alternative Dispute Resolution (ADR)?
Why might you prefer to pursue ADR rather than litigation through the Courts?
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?
Can you tell me about any RICS guidance relating to conflicts of interest?
What is the practice of dual agency/double dipping?
Can you tell me about any recent RICS guidance relating to dual agency/double dipping?
What is the difference between an arbitrator and an independent expert?
Can you tell me about any other types of ADR?
Can you tell me about mediation/conciliation/adjudication?
What is the Technology & Construction Court and what is its role?
If you work with contracts, explain how dispute resolution works in a contract you have worked with.
Explain the role of the Civil Procedure Rules (CPRs).
What does CPR Practice Direction 35 relate to?
What governs dispute resolution during insolvency or bankruptcy proceedings?
What is a Dispute Review or Recommendation Board (DRB)?
How does this process work?
What is a Dispute Adjudication Board (DAB)?
How do these work?
What are the relevant timescales for adjudication?
Which Act governs adjudication?
What is the basic principle of adjudication?
What claims is adjudication appropriate for?
What is the aim of adjudication?
Explain the various adjudication services provided by RICS.
Explain the impact of the Housing Grants Construction and Regeneration Act 1996 (Construction Act) on dispute resolution and construction contracts.
What timeframe is relevant under this?
Explain what the role of the RICS Low Value Dispute Adjudication service is.
What level of claim can this service be used for?
What makes this process cost effective?
How does homeowner adjudication work under the Construction Act?
Can you tell me about PACT in relation to lease renewals?
What is the role of RICS in dispute resolution?
What RICS guidance are you aware of relating to dispute resolution, ADR or roles in dispute resolution?
Tell me about your role if you were acting as an expert witness/advocate.
What is the difference between the two?
How does your duty of care differ in the two roles?
What tribunals are you aware of?
When might the Lands Tribunal be involved in a dispute?
What are the differences between conflict avoidance and dispute resolution?
Which dispute resolution procedures lead to a binding decision?
What is a Scott Schedule and when would one be used?
Explain the RICS conflict avoidance pledge to me.
What RICS guidance relates to conflicts of interest for dispute resolvers?
When was this last updated and what changes were made?
How would ADR be applied for in Scotland?
Who would appoint the Arbitrator / Independent Expert in Scotland?
Explain the Thomas Kilman model to me.
Give an example of a manageable/unmanageable conflict.
What means of redress are available to a client whose complaint has been rejected by a firm? (e.g. Arbitration, Mediation, CEDR, Conciliation, Law).
What are the limits of the remit of CEDR?
How long does a pursuer have to make a claim in Scotland after discovering a loss?
Can an expert witness be sued in Scotland?
If appointed as an expert witness, who are you principally responsible to?
What is the difference between an independent expert and an expert witness?
What is the difference between an arbitrator/arbiter and an independent expert?
What techniques are there for conflict avoidance?
