Conflict Avoidance, Management & Dispute Resolution Procedures Flashcards
How can you avoid conflict?
- Clear, concise lease documentation or contracts.
- Managing expectations.
- Careful and transparent negotiations.
- Good records with sufficient detail.
What is PACT?
Professional Arbitration on Court Terms.
It is a joint initiative between RICS and Law Society to determine dispute. Fast, cost effective, and confidential.
Can act as an arbitrator or independent expert.
Specific to business tenancy renewals under L&T 1954
What is ADR?
Alternative Dispute Resolution are methods of resolving disputes outside of court/litigation.
Negotiation is the most basic form.
Benefits include speed, informal, greater negotiation, cost less, quality decision by professional, and confidential.
What is Arbitration?
Governed by the Arbitration Act 1996.
Key provisions:
- Binds parties.
- Specialist knowledge.
- Written representations.
- Cannot be sued.
- Common for commercial property.
What is an Independent Expert?
Appointed by mutual agreement.
Key provisions:
- Binds parties.
- Specialist knowledge.
- Can make own investigations and use written representations.
- Could in theory be sued.
- Common for rent review or service charge disputes.
What is Mediation?
Appointment of a neutral mediator to facilitate discussion between parties. It is confidential and informal. Conducted ‘without prejudice’ and not enforceable. Not legally binding.
What is the RICS Dispute Resolution Service?
- Largest provider of ADR services.
- Provides training for those who want to be a dispute resolver.
What is an Expert Witness?
Appointed to present evidence to a dispute resolver in court. Must make a declaration of truth to a tribunal.
Must act:
- Independent
- Unbiased
- Within their expertise
- Experienced and with knowledge
- Truthfully
How do Terms of Engagement help avoid conflict?
- Scope of works.
- Understand client objectives.
- Agreed fees.
- Written instruction.
What is a Calderbank Offer?
Used for rent reviews to settle before court. Without Prejudice.