RICS Conflict Avoidance Practice Information Flashcards

1
Q

What does RICS CADR say are conflict avoidance processes?

A
  • Good management
  • Clear contract documents
  • Partnering and alliancing
  • Good project management
  • Good client management
  • Good contractor management
  • Good design team management
  • Good payment practice
  • Record keeping
  • Regular reporting
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2
Q

What are the 3 pillars of dispute resolution according to RICS CADR

A
  • Negotiation
  • Mediation/concilliation
  • Adjudication
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3
Q

What are the dispute resolution techniques according to RICS CADR

A
  • Negotiation
  • Mediation/concilliation
  • Expert witness
  • Adjudication
  • Arbitration
  • Litigation
  • Dispute board
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4
Q

What does ADR stand for (and can stand for) as written in RICS CADR

A

Alternative or Appropriate Dispute Resolution

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5
Q

What examples are there of checking contract docs to avoid disputes?

A
  • include amendments in the tender, with enough time to discuss them
  • Sign it as soon as possible
  • Include a complete list of specifications and drawings
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6
Q

Why is partnering a good way to avoid disputes?

A

Firms are open and honest about their actions/any issues, and manage and share resources in order to hit a common goal or objective

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7
Q

What are the two types of negotiation?

A

Competitive and Principled

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8
Q

What is competitive negotiation?

A

Where you begin with a low-ball offer, looking to work towards a middle ground whilst adding in more and more benefits

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9
Q

What is principle negotiation?

A

Where you collaborate on an issue, see what the problem is, what effects it has had, and what solutions can be thought up with mutual benefits

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10
Q

Who came up with principle negotiation

A

Fisher and Ury

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