Conflict avoidance, management & dispute resolution Flashcards
What is a conflict?
A disagreement.
When do disputes arise in your role?
TBC
What can you do if negotiations break down?
TBC
Dispute Resolutions?
What is a conflict of interest?
When someone’s judgement or actions at work are or could be affected by something unconnected with their role.
What do the RICS Rules of Conduct say about avoiding conflicts of interest?
Consider if the conflict is irresolvable and should be avoided or whether it can be properly managed.
Decide whether you want to accept or decline the instruction form Client A or Client B.
Give examples of ways that conflict can be avoided.
By not accepting the instruction.
Managed through transparency and openness. -
Written Informed Consent
Why is good management important?
Allows you to proceed with an instruction through information/ethical barriers.
What are the benefits of clear contract documentation?
Clarity prevents any future issues. Differing interpretations can cause contracts to arise.
What is partnering or alliancing?
A collaborative approach that encourages openness & trust between parties to a contract.
Why is good project or instruction management important?
Enables leadership to plan & manage projects so that every objective & deliverable is completed on time & on budget.
How can good client management reduce conflict?
Clear, concise communication. Managing parties’ expectations. Keeping good records helps avoid later conflict or enable efficient resolution.
Give examples of good payment practices.
Pay in full, pay on time, itemize all payments, set out who is responsible for the payment.
How can good record keeping avoid conflict?
Makes the facts clear to all parties so if a conflict arises the facts can help.
How do reporting and proactivity reduce conflict?
Keeps people informed and aware of potential issues.
What are the three pillars of dispute resolution?
Who introduced these terms?
- Negotiation – problem-solving efforts of the parties themselves.
- Mediation or conciliation – A third party intervention which doesn’t not bind the parties to a decision but assists them to resolve difficulties.
- Adjudicative process – An outcome is determined by a third party, such as litigation and arbitration.
Professor Green of Boston University
How do mediation and conciliation differ globally?
Why is this important to be aware of?
They are treated differently. In China mediation is more coercive.
Differ in many countries.
What is Alternative Dispute Resolution (ADR)?
Alternative to traditional binding dispute processes of litigation and arbitration. It provides a faster and more economic dispute resolution process.
Why might you prefer to pursue ADR rather than litigation through the Courts?
Speed, Informality, grater opportunity for negotiation, less cost.
Tell me about a conflict of interest check you have carried out.
Drapers Yard. Send client and tenants around internally to check for any conflicts.
What would you do if you identified a perceived/actual conflict of interest?
Adopt proactive conflict of interest risk analysis, what could go wrong or how misinterpretation between parties may arise. Obtain informed consent in writing by giving an entirely transparent explanation in writing.
