Conflict Avoidance, Management & Dispute Resolution Procedures Flashcards
How can you avoid conflict?
o Careful and concise drafting in contracts
o Adopting risk mitigation measures e.g how something might be misinterpreted
o Managing all parties expectations
o Negotiating contractual obligations carefully and transparently will help to avoid
o Keep good records
o Good design team
o Good client management
What is ADR?
Alternative dispute resolution (ADR) are dispute resolution processes which fall out of the scope of court litigation. Advantages of this approach include:
* Speed
* Informality
* Greater opportunity for negotiation
* Less cost
* Confidentiality
What is mediation?
Mediation involves the use of a neutral meditator who facilitates discussion between two parties to explore whether a solution can be found. This is a confidential process. There is a RICS guidance note on this from 2014
What is conciliation?
Conciliation is an ADR method whereby the parties use a conciliator who meets with both parties separately and together in an attempt to resolve their differences.
What is arbitration?
Arbitration is a procedure whereby both parties agree to submit their dispute to an arbitrator who makes a decision on their behalf. This is a private dispute resolution method. An arbitrator has specialist knowledge, although their decision can be overruled in a court. This is a fast and cost effective method
What is adjudication?
Adjudication is where the arbitrator uses their own knowledge and relevant law to reach a legally binding contractual decision. Strict 28 day timescale for this.
What is an independent expert determination?
Independent expert determination is an ADR process whereby an independent expert is appointed by the two parties. Both parties are bound by their decision. RICS have a panel of these
What is an expert witness?
Acting as an expert witness is when a surveyor provides evidence to a juridical body
What does the RICS Professional Standard Conflicts of Interest 2017 state?
- Members must not advise or represent a client where doing so would involve a conflict of interest or significant risk, unless there is informed consent
o Informed consent can only be sought where the RICS member or firm is satisfied that proceeding regardless of a conflict of interest is in the best interests for everyone - All conflicts must be managed according to the Professional Standard
- All RICS firms must have in place effective systems and controls to ensure compliance
o All firms must keep records to show their compliance
How can you check you have no conflict of interest?
Self-assessment to ensure I have no personal, financial or commercial interest.
Why is it important to avoid conflicts?
- Better reputation
- Repeat business
- Stress free job
What are each of the main types of ADR? Which is most common in your role?
- Arbitration
- Adjudication
- Meditation
- Conciliation
- Direct negotiation
I have never experienced these approaches
Conflict management styles?
- Accommodating – cooperate to a high degree, to your own expense
- Avoiding – avoid the conflict and normally causes escalation
- Collaborating – both parties work together for a win-win solution
- Competing – you get your own way for a win-lose approach
- Compromising – this is a lose-lose where no one achieves what they wish
How did you manage your research dispute/conflict (lack of recognition)?
Identified the senior member was not happy from interact mostly due to body language and tone. I understood they did not feel their input into the low carbon guides was appreciated. These are published mostly as team work on the Core
I used a collaborating conflict management style and mutually decided when presenting new documents at forums, I would highlight specific areas which this employee had worked on and were his work
How did you identify a potential conflict?
Body language and tone are key giveaways
