CONFLICT RESOLUTION Flashcards
What is a conflict?
Discrepancies or disagreements around points of interest such as contractual issues.
What is a conflict of interest?
Situation where a person or company has competing loyalties that could potentially interfere with their ability to act impartially
Give examples of ways that conflict can be avoided.
Conflict of interest check before undertaking any work.
How can good client management reduce conflict?
Clear communication to understand any conflicts that may arise.
What are the three pillars of dispute resolution?
Negotiation: The parties involved in the dispute work together to solve the problem
Mediation: A neutral third party helps the parties reach a consensus on their own
Adjudication: A third party determines an outcome, often based on an assessment of the law and fact in court.
What is Alternative Dispute Resolution (ADR)?
A way to resolve a dispute without going to court, with the help of an impartial third party.
Why might you prefer to pursue ADR rather than litigation through the Courts?
ADR can be cheaper, faster, and less stressful than going to court.
Tell me about a conflict of interest check you have carried out
For all jobs, I complete our internal conflict of interest process in which everyone in our company is notified
What is the difference between an arbitrator and an independent expert?
An arbitrator is an independent third party appointed to resolve a dispute.
An independent expert is a person who is hired by one of the involved parties to provide objective advice.
Can you tell me about any other types of ADR?
Adjudication: A quick, binding decision made by an independent expert, typically used in construction disputes.
Mediation: A voluntary process where a neutral mediator helps parties negotiate and reach a mutual agreement without imposing a decision.
Arbitration: A formal process where an independent arbitrator evaluates the evidence and makes a final, binding decision, similar to court proceedings but private.
Expert Determination: A technical expert is appointed to investigate a specific issue and make a binding or non-binding decision, often used for disputes that require specialized knowledge.
Explain the role of the Civil Procedure Rules (CPRs)
The Civil Procedure Rules (CPRs) govern the process for civil litigation
ie. the rules on the most formal process
What governs dispute resolution during insolvency or bankruptcy proceedings?
By insolvency laws and regulations, such as the Insolvency Act 1986
- How to declare bankruptcy etc
Explain what the role of the RICS Low Value Dispute Adjudication service is.
Provides a streamlined, cost-effective process for resolving minor disputes in the construction and property sectors
Tell me about your role if you were acting as an expert witness/advocate.
What is the difference between the two?
An expert witness provides objective, specialised knowledge to assist the court.
An advocate represents and argues for a client’s interests, presenting and advocating their case.
