Disputes Flashcards

1
Q

What are the three pillars of dispute resolution?

A
  • Arbitration
  • Independent expert determination
  • Mediation
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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
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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
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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
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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
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6
Q

What is Alternative Dispute Resolution (ADR)?

A

Dispute resolution techniques that fall outside the scope of court litigation

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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
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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.

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