Disputes Flashcards
1
Q
What are the three pillars of dispute resolution?
A
- Arbitration
- Independent expert determination
- Mediation
2
Q
What is Arbitration?
A
- Appointed in accordance with the Arbitration (Scotland) Act 2010
- Parties are bound by the decision.
- Can call for a hearing and have specialise knowledge on the subject matter in dispute.
- Can’t be sued for negligence, but decision can be overturned by Court of Appeal on a point of law Offers fast, cost effective and confidential solution to the dispute.
- PACT = professional arbitration on court terms used for lease renewal disputes
3
Q
What is Mediation?
A
- A neutral mediator facilitates the interaction between parties to see if a solution can be found
- It’s a confidential, informal process that’s conducted on a ‘without-prejudice’ basis
- They have no decision making authority, and cannot impose a resolution
4
Q
What is an Independent expert determination?
A
- Appointed by two parties or president of RICS.
- Binding decision
- Have expert knowledge on the subject matter in dispute.
- Investigate dispute and consider evidence from both parties, as well as forming their own evidence and opinion.
- Offers a fast solution to the dispute.
- Can be sued for negligence.
- An independent expert is appointed by the two parties or by the president of the RICS DRS
- Guidance note on independent expert determination 2016
- Have expert knowledge on the subject in dispute
- Parties bound by decision
- Appointed to investigate the dispute and receives evidence from both parties
- Gathers own evidence and opinion
- Fast solution
5
Q
What would you include on an RICS Dispute Resolution Service Form? What cost?
A
- Case Information
- Dispute information
- Contact details
- Appointment process
- Disclosures (COI)
- Special requirements
- Fee Arrangement
- Declaration
- £425
6
Q
What is Alternative Dispute Resolution (ADR)?
A
Dispute resolution techniques that fall outside the scope of court litigation
7
Q
What are the advantages of ADR?
A
- Speed – less time than court proceedings
- Cost – less cost on professional fees
- Confidentiality
- Informal – not in a court
- Quality of decision making as made by a surveyor with expert knowledge on dispute matter and not a judge
8
Q
How do you handle disputes regarding service charges and repairs?
A
When handling disputes, I focus on clear communication, ensuring both parties understand the lease terms. Failing direct resolution, I recommend mediation or, in extreme cases, legal arbitration.