Conflict avoidance, management and dispute resolution procedures Level One

Question 1

What is a conflict?

Question 2

When do disputes arise in your role?

Question 3

What can you do if negotiations break down?

Question 4

What is a conflict of interest?

Question 5

What do the RICS Rules of Conduct say about avoiding conflicts of interest?

Question 6

Give examples of ways that conflict can be avoided.

Question 7

Why is good management important?

Question 8

What are the benefits of clear contract documentation?

Question 9

What is partnering or alliancing?

Question 10

Why is good project or instruction management important?

Question 11

How can good client management reduce conflict?

Question 12

Give examples of good payment practices.

Question 13

How can good record keeping avoid conflict?

Question 14

How do reporting and proactivity reduce conflict?

Question 15

What are the three pillars of dispute resolution?

Question 16

Who introduced these terms?

Question 17

Give examples of each.

Question 18

How do mediation and conciliation differ globally?

Question 19

Why is this important to be aware of?

Question 20

What is Alternative Dispute Resolution (ADR)?

Question 21

Why might you prefer to pursue ADR rather than litigation through the Courts?

Question 22

Tell me about a conflict of interest check you have carried out.

Question 23

What would you do if you identified a perceived/actual conflict of interest?

Question 24

Can you tell me about any RICS guidance relating to conflicts of interest?

Question 25

What is the practice of dual agency/double dipping?

Question 26

Can you tell me about any recent RICS guidance relating to dual agency/double dipping?

Question 27

What is the difference between an arbitrator and an independent expert?

Question 28

Can you tell me about any other types of ADR?

Question 29

Can you tell me about mediation/conciliation/adjudication?

Question 30

What is the Technology & Construction Court and what is its role?

Question 31

If you work with contracts, explain how dispute resolution works in a contract you have worked with.

Question 32

Explain the role of the Civil Procedure Rules (CPRs).

Question 33

What does CPR Practice Direction 35 relate to?

Question 34

What governs dispute resolution during insolvency or bankruptcy proceedings?

Question 35

What is a Dispute Review or Recommendation Board (DRB)?

Question 36

What is a Dispute Adjudication Board (DAB)? How do these work?

Question 37

What are the relevant timescales for adjudication?

Question 38

Which Act governs adjudication?

Question 39

What is the basic principle of adjudication?

Question 40

What claims is adjudication appropriate for?

Question 41

What is the aim of adjudication?

Question 42

Explain the various adjudication services provided by RICS.

Question 43

Explain the impact of the Housing Grants Construction and Regeneration Act 1996 (Construction Act) on dispute resolution and construction contracts.

Question 44

What timeframe is relevant under this?

Question 45

Explain what the role of the RICS Low Value Dispute Adjudication service is.

Question 46

What level of claim can this service be used for?

Question 47

What makes this process cost effective?

Question 48

How does homeowner adjudication work under the Construction Act?

Question 49

Can you tell me about PACT in relation to lease renewals?

Question 50

What is the role of RICS in dispute resolution?

Question 51

What RICS guidance are you aware of relating to dispute resolution, ADR or roles in dispute resolution?

Question 52

Tell me about your role if you were acting as an expert witness/advocate.

Question 53

What is the difference between the two?

Question 54

How does your duty of care differ in the two roles?

Question 55

What tribunals are you aware of?

Question 56

When might the Lands Tribunal be involved in a dispute?

Question 57

What are the differences between conflict avoidance and dispute resolution?

Question 58

Which dispute resolution procedures lead to a binding decision?

Question 59

What is a Scott Schedule and when would one be used?

Question 60

Explain the RICS conflict avoidance pledge to me.

Question 61

What RICS guidance relates to conflicts of interest for dispute resolvers?

Question 62

When was this last updated and what changes were made?

Question 63

How has dispute resolution in the property and construction industries been used effectively during Covid-19?

Question 64

Explain the proposed provisions of the Commercial Rent (Coronavirus) Bill.

Question 65

What form of ADR will be used to recover commercial rent arrears due to Covid?