Dispute Resolution / Communication / H&S / Accounting / Data Management / Randoms Flashcards
What is alternative dispute resolution (ADR) and what are the benefits?
A means to resolve a conflict without litigation.
ADR is often less formal, cheaper and quicker than going through the courts.
Examples of ADR?
- Negotiation
- Mediation
- Conciliation
- Adjudication
- Arbitration
- Independent expert determination
What techniques are available to resolve disputes? (3 Pillars)
PILLAR 1 - Negotiation
Problem-solving efforts of the parties to arrive at a solution.
PILLAR 2 - Mediation or conciliation
Neutral 3rd party facilitates negotiations between the parties. No decision-making authority.
Mediator asserts no opinion whereas the conciliator puts forward a proposed outcome based on the discussion between the parties. Outcome not binding.
PILLAR 3 - adjudicative process
Final outcome determined by a 3rd party whose decision is binding. Includes arbitration, Independent expert determination.
Final option is legal recourse - court in the First Tier Tribunal
What is Mediation?
Mediation is where parties invite a NEUTRAL individual to facilitate negotiations between them with a view to achieving a resolution of their dispute. A mediator cannot impose a resolution and has no decision-making authority.
Process:
Documents are exchanged prior to the meeting.
Mediator facilitates discussion on key aspects of the dispute.
Negatives: - parties do not have to attend, can waste money if settlement is not reached.
Positives: - cheaper, quicker, parties decide an outcome rather than a third party, confidential.
What is Arbitration?
Arbitration is a legal proceeding whereby an arbitrator is appointed to reach a decision on the basis of evidence put before them.
The arbitrator interprets the evidence and must have specialist knowledge of subject area. The parties are bound by the decision of the arbitrator.
Under the Arbitration Act 1996
Positives: Fast, cost-effective and confidential method of dispute resolution. Neither party has control (as the arbitrator has it), decision is final. Cheaper than court.
Negatives: The decision cannot be appealed.
Difference between an ARBITRATOR and an INDEPENDENT EXPERT?
An arbitrator’s decision is enforceable, and an independent expert’s decision is not.
Arbitration is a legal proceeding, and the arbitrator decides based on the evidence put before him/her, sometimes at a formal hearing.
An independent expert is appointed by the parties and carries out work in the usual way in order to provide an expert opinion.
What is Calderbank offer?
Without Prejudice save as to cots – last attempt to come to an agreement – other parties cannot submit this to the arbitrator. However, once the decision is made they can present to the arbitrator…
Main legislation covering bribery?
Bribery Act 2010 & Proceeds of Crime Act 2002
What is a bribe?
A bribe constitutes the offering, promising, giving or receiving anything of value in return for gaining an advantage.
What are the six principles under the Bribery Act 2010?
P
TLC
RA
DD
C
M&R
- Proportionality
- Top-level commitment
- Risk assessment
- Due diligence
- Communication
- Monitoring and review
What are the four offences under the Bribery Act 2010?
4 main offences:
1. To bribe another person
2. To be bribed
3. To bribe a foreign public official; and
4. For corporate entities, it is an offence to fail to prevent bribery
Who enforces the Bribery Act 2010?
Serious Fraud Office (SFO) – principal investigators
National Crime Agency (NCA) – Law enforcement response
Crown Prosecution Service (CPS) - Convictions
Financial Conduct Authority (FCA) – Impose sanctions
Consequences of non-compliance with the Bribery Act 2010?
- Up to 10 years in prison
- Unlimited fines
- Job loss
- Disqualification – RICS disciplinary procedure
- Reputational damage
RICS Professional Statement on bribery?
RICS Countering bribery and corruption, money laundering and terrorist financing
February 2019
What is your firm’s policy on gifts?
Determine :
- Is it proportionate to the job undertaken
- Could it be construed as a bribe?
If yes to either, politely decline and justify. Then record in gift register that not accepted.
If no to both, seek line manager approval to accept
Then submit form to DMP
Can accept but share with the team if team effort
Record in gift register if value £50+
What makes good client care?
- Having a good understanding of your clients objectives and expectations from the outset.
- Maintaining regular and informative contact
- Placing their needs at the forefront and provising a high level of service
What makes good communication? (3Cs)
Clear
Concise
Complete
What is a limitation of an email
Misconstrued as opposed to conversation
Could accidentally form a legally binding contract
How do you prepare meeting minutes?
Title of the group meeting; date; time; location; people in attendance; person recording the minutes; the agenda
What is the principle H&S legislation?
Health and Safety at Work Act 1974
PPE at Work Regulations 1992
What is the employer’s responsibility in H&S?
To ensure the safety, health and welfare of all employees and third parties so far as is reasonably practicable
Provide training
Safe working environment and equipment
Health and safety policy (only needs to be written if 5 or more employees)
Assess risks
What are the responsibilities of employees in H&S?
Take reasonable care for own H&S and that of anyone under your supervision
Co-operate with employer on H&S
Attend staff training
Wear PPE
Report actual or perceived breaches in good time
Who enforces Health and Safety at Work Act 1974?
Health and Safety Executive (HSE)
Tell me about the Health and Safety at work act?
Appoint a competent person
Prepare a health and safety policy
Risk assessment
Provide information and training
Have the right workplace facilities
First aid in work
Display the law poster
Get insurance for your business
