Conflict Avoidance, Management & Dispute Resolution Procedures Flashcards

1
Q

How can you avoid conflict?

A
  • Clear, concise lease documentation or contracts.
  • Managing expectations.
  • Careful and transparent negotiations.
  • Good records with sufficient detail.
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2
Q

What is PACT?

A

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

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3
Q

What is ADR?

A

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.

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4
Q

What is Arbitration?

A

Governed by the Arbitration Act 1996.

Key provisions:
- Binds parties.
- Specialist knowledge.
- Written representations.
- Cannot be sued.
- Common for commercial property.

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5
Q

What is an Independent Expert?

A

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.

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6
Q

What is Mediation?

A

Appointment of a neutral mediator to facilitate discussion between parties. It is confidential and informal. Conducted ‘without prejudice’ and not enforceable. Not legally binding.

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7
Q

What is the RICS Dispute Resolution Service?

A
  • Largest provider of ADR services.
  • Provides training for those who want to be a dispute resolver.
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8
Q

What is an Expert Witness?

A

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

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9
Q

How do Terms of Engagement help avoid conflict?

A
  • Scope of works.
  • Understand client objectives.
  • Agreed fees.
  • Written instruction.
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10
Q

What is a Calderbank Offer?

A

Used for rent reviews to settle before court. Without Prejudice.

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