Conflict Avoidance, Management & Dispute Resolution Procedures Flashcards
- What is JLLs complaints handling procedure?
a. Detail of complaint must be made to complaints handling officer in writing
b. CHO contacts complainant within 7 days to get a better understanding
c. CHO gives outcome to complainant in writing within 28 days
d. If complainant is dissatisfied, CHO attempts resolution via negotiation
e. If there’s still no solution, complaint is referred to Arbitration Procedure for Surveying Disputes Business to Business Complaints or the Centre for Effective Dispute Resolution
- What are the ways in which disputes can be resolved?
a. Negotiation – Parties negotiate between themselves
b. Mediation – 3rd party intervention that doesn’t bind parties to a decision but assists resolution
c. Adjudication – Outcome is determined by a 3rd party, such as litigation or arbitration
- What is Litigation?
a. The process of taking legal action
- What is Arbitration?
a. The use of an independent person or body to settle a dispute
- When do you conduct conflict of interest checks?
a. Prior to commencing work on an instruction
- What is a conflict?
a. When personal interests could compromise your judgement
- What would you do if there was a potential conflict?
a. Use RICS ethics decision tree to determine if I should continue
- Can you act on behalf of a friend?
a. Valuer should judge if the relationship will affect their judgement
b. An existing relationship should be recorded a 3rd party can make an assessment
- How do you manage conflicts?
a. Three steps to consider when a conflict arises:
1. Conflict avoidance – is conflict unavoidable? If so, do not accept the instruction
2. Written advice to both parties – If you want to accept the instruction, the following must be set out in writing:
i. Disclose nature of conflict, and how your firm will deal with this
ii. Be as clear as possible
iii. Request written confirmation of clients’ informed consent
3. Conflict management – After receiving informed consent, setup information barrier with provisions agreed by both clients
- What is an information barrier?
a. Procedures put in place to ensure a firm can manage a potential conflict. This could be ensuring a clean desk, physical separation of surveyors, password protected files, separate support staff
- What is incremental advice?
a. When an agent is approached by another party for advice related to purchase/disposal that is incremental to an existing instruction
b. Example: estate agent approached by buyer to undertake a valuation
c. RICS members can only provide incremental advice if consent is given and info barriers are in place
- What is informed consent?
a. Consent to carry on with an instruction that involves a conflict of interest. Can only be given in writing by the party if it is entirely transparent about any material factors. Party must understand what they are doing. Surveyors should only seek informed consent if satisfied that all parties are best served by doing so
- What are the types of conflict?
a. Party conflict – when you work on the same instruction for two clients
b. Own interest conflict – relating to a personal interest
c. Confidential information conflict – relating to work between two parties that is confidential
- What is the RICS DRS? What are the various resolution opportunities it offers?
a. RICS Dispute Resolution Service – found on RICS website
b. Offer DRS for:
i. Dilapidation disputes
ii. Adjudication services
iii. Construction and engineering arbitration service
iv. Neighbour dispute service
v. Mediation services
- What are some advantages of Alternative dispute resolution?
a. Quicker than court proceedings
b. Informality
c. Less expensive than litigation
d. More opportunity for negotiation
e. Confidentiality
f. Quality of decision making – outcome can be made by a surveyor rather than a judge