Conflict Avoidance, Management & Dispute Resolution Procedures Flashcards
What is ADR
Alternative dispute resolution
Pros and cons of ADR
Pros:
Cost-Effective
Time Savings: Disputes can often be resolved more quickly, reducing overall costs associated with prolonged litigation.
Faster Resolution: ADR processes can be scheduled more flexibly, allowing for quicker resolutions than court schedules.
Less Formality: The less formal nature of ADR can lead to faster decision-making.
What is Arbitration ?
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.
What is Mediation ?
A third party interventions which does not bind the parties to a descion but assist then in resolving disputes
How do you Avoid conflict in the work place ?
clear communication and keeping paper trail records t
What else does an Arbitrators do
Arbitrators have the power to award cost and cant be sued for negligence there are three possible grounds for an appeal jurisdiction, point of law or serious irregularity.
- An Independent Expert determination
An independent expert witness is a professional who provides unbiased, objective opinions on a subject matter within their area of expertise. They are expected to be impartial and independent of the parties involved in a court proceeding. Their opinions are based on factual evidence and their professional expertise.
Can be sued for negligence
When is an independent expert witness used ?
Rent review disputes, service charge disputes
What is PACT ?
Professional Arbitration on Court terms
What does PACT consist of/ when is it used
is a dispute resolution process used in the UK to settle lease renewal terms for commercial properties under the Landlord and Tenant Act 1954. This process allows landlords and tenants to resolve disputes outside of court through arbitration or independent expert determination. P
When is arbitration used ?
Construction and Real Estate: Disputes over project delays, contract performance, lease terms, or costs in construction and real estate deals
What is mediation
promotes collaborative negotiation, allowing parties to reach a mutually agreeable solution without imposing a decision.
When is mediation used
What is the RICS ADR
The RICS Dispute Resolution Service (DRS)
What is The RICS Dispute Resolution Service (DRS)
a specialized service provided by the Royal Institution of Chartered Surveyors (RICS) to assist in resolving disputes in property, land, construction, and real estate sectors. DRS offers various alternative dispute resolution (ADR) methods, such as arbitration, mediation, adjudication, expert witness services, and independent expert determination.
