Dispute Resolution Flashcards
What two choices are there when the CHP has failed to produce a satisfactory outcome?
- Litigation/Court following the Civil Procedure Rules.
2. ADR
What are the advantages of ADR?
- Speed
- Informality
- Greater opportunity for negotiation
- Cost
- Quality of decision making (outcome or award can be made by a surveyor rather than a judge).
- Confidentiality
What is mediation?
Use of a neutral mediator who facilitates discussions to explore whether a solution ca be found.
What basis is mediation usually conduced on?
Without prejudice
Can the mediator impose a resolution?
No, they do not have a decision making authority.
What is the RICS Guidance note regarding mediation?
RICS Guidance Note in Mediatoon 2014
What does arbitration involve?
An arbitrator with specialist knowledge is appointed in a quasi-judicial role.
He can order a hearing or consider written representations.
He cannot be sued in negligence but his decision can be overruled by the Court of Appeal on a point of law only.
What is the advantage of arbitration?
Fast, cost effective and confidential solution.
What is PACT?
Professional Arbitration on Court Terms.
Used for lease renewal disputes.
How can a surveyor act as an arbitrator?
Must pass the Chartered Institute of Arbitrators exams.
Are the parties bound by an arbitrator’s decision?
Yes
What is Independent Expert Determination?
An expert with knowledge of the subject matter is appointed by the two parties (or President of the RICS in case of some disputes e.g. rent reviews).
The expert receives evidence and investigates, and can also use his own evidence or opinion.
Both parties are bound by the decision.
What is adjudication?
The adjudicator acts to determine the dispute in a contractual process.
Commonly used in construction payment disputes.
Adjudicator uses own knowledge and jurisdiction afforded by relevant law to reach a legally binding decision.
Strict timescale - 28 days for decision.
What is early neutral evaluation?
A non-binding evaluation by an independent person experienced in the matter of dispute.
To investigate and give opinion.
To assist in narrowing issues or reaching a settlement.
What is involved in the use of an Ombudsman?
An organisation that confidentially receives, investigates and facilitates resolution of a complaint.
