Conflict Avoidance, Management & Dispute Resolution Procedures 1 Flashcards
What does APC SUCCESS cover?
Recognition, avoidance, management, and resolution of disputes, involving an awareness of different dispute resolution procedures and an understanding of the application of dispute resolution procedures appropriate to the area and jurisdiction of professional practice.
Example: Candidates often reference conflicts of interest and/or complaints handling procedures under this competency in their summary of experience.
What does conflict avoidance require?
Clear, concise, careful drafting of the contract or lease and associated documentation.
Example: Adopting proactive conflict avoidance risk analysis involves understanding what could go wrong or how misinterpretation between parties might arise.
What is involved in conflict management?
The use of processes, tools, and skills to find ways to manage disagreements and disputes.
Example: Managing all parties’ expectations requires understanding their objectives and clearly communicating these.
What is dispute resolution?
The resolution of a dispute between two or more parties.
Example: Dispute resolution can be complicated by the method by which the dispute is resolved, since the various forms of dispute resolution have a range of factors to be considered, which are predominantly cost, access, confidentiality, and speed.
What is Alternative Dispute Resolution (ADR)?
Dispute resolution processes and techniques that fall outside the scope of court litigation.
Example: A common form of ADR for commercial property or rural property rent review disputes.
What is Arbitration?
An arbitrator decides a dispute acting in accordance with statute (e.g. the Arbitration Act 1996). An award is produced that binds the parties.
Example: Arbitrators have the power to award costs.
What is Independent Expert determination?
An independent expert can be appointed by the agreement of the parties. A determination is produced that binds the parties.
Example: Independent experts are under a duty to make their own investigations and they use their knowledge and experience to reach a decision.
