Conflict Avoidance, Management & Dispute Resolution

Question 1

Explain the difference between a conflict and dispute

Answer 1

Conflict: arises from failure to comply with contractual obligations

Dispute: arises from uncertainty / behaviour / misinterpreting

Question 2

What is the dispute resolution hierarchy?

Answer 2

AVOIDANCE
MANAGEMENT
RESOLUTION

Question 3

Explain conflict avoidance and management

Answer 3

AVOIDANCE
RICS conflict avoidance process (CAP)
RICS dispute resolution service
Concise drafting

MANAGEMENT
Managing a conflict should allow management without further escalation to formal resolution.
Good record keeping

Question 4

What processes are there in Dispute resolution ?

Answer 4

NEGOTIATION
MEDIATION
ADJUDICATION

Question 5

What is negotiation

Answer 5

Negotiation the problem solving for both parties.
It is less formal, quick and collaborative

Question 6

What is mediation?

Answer 6

3rd party consolidation - to neutrally assist in a mutual agreement by facilitating discussion. NON binding.

Is without prejudice and confidential.

Question 7

What is adjudication?

Answer 7

Court proceedings:
litigation / arbitration.

Binding judgement.

Question 8

What ALTERNATIVE dispute resolution procedures are there?

Answer 8

ARBITRATION
INDEPENDANT EXPERT
MEDIATION
+
Expert witness
Advocate
Early neutral evaluation

Question 9

What is an ombudsman?

Answer 9

Eg. NEW HOMES OMBUDSMAN

Used in an organisation confidentially to investigate complaints.
If not, court proceedings occur.

Question 10

What does the RICS dispute resolution service do?

Answer 10

ADR provider
Sources a resolved/mediator/independant expert
Business to Business only.

Question 11

Why does using standard forms reduce disputes? Name some ..

Answer 11

To reduce ambiguity and increase consistency. They’re tried and tested.

Consultant Appt Form

Question 12

What is without prejudice

Answer 12

Can’t be referred to in court

Question 13

What is STC?

Answer 13

Pre contractual or non committal

Question 14

What protocol must you follow before a dispute resolution action is taken.

Answer 14

Explain conduct
Set out the steps to court
Set out each parties expectations

Question 15

What is an expert witness?

Answer 15

When a surveyor provides evidence to a judicial or quasi judicial body.
Duty of care to courts.
Must have no conflicts or training: this is solely providing statement of truth.

Can be sued for negligence cannot be paid a fee (incentive)

Question 16

What is an advocate?

Answer 16

Represents client in hearing.
Duty to client.
Acts to maintain integrity of processes.

Question 17

What is Early neutral evaluation

Answer 17

Use of an independent person in expert area. To give their non binding opinion.

Question 18

What is an INDEPENDENT EXPERT

Answer 18

Both parties appoint an independent expert from the RICS panel of indp.experts.

Investigates evidence and offers opinion.

BOUND BY DECISION.

Question 19

What is Arbitration?

Answer 19

Is the process whereby an arbitrator assumes a quasi judicial role that resembles a judicial function without applying the law, and makes an executive decision based on their specialist knowledge and evidence.
Cannot be sued for negligence.

Eh PACT (professional arbitration on court terms)