Conflicts, Management and Dispute

Question 1

What due diligence do you undertake when accepting a new instruction?

Answer 1

Conflicts of Interest check

Question 2

How do you report conflicts of interest

Answer 2

To partner in charge and on the conflicts of interest database

Question 3

What would you do if you believe a conflict of interest has arisen?

Answer 3

Withdraw myself/stop acting -> disclose the conflict and submit to conflicts database and partner in charge

Board to make a decision on whether we can proceed. If yes, disclose to Client and receive approval to continue

Then have accounts restrict IT data/files

Question 4

Tell me something about RICS Conflicts of Interest Professional Statement

Answer 4

RICS Conflicts of Interest, 2017 (professional Statement)

Every RICS member must:
- Identify and manage conflicts of interest in line with the professional statement
- Keep records of decisions made

Question 5

What is the benefit of pro-active management and how can it settle disputes?

Answer 5

• Anticipates problems before they arise and takes steps to prevent issues before they happen
• Shows hard work and projects positive attitude to outsiders

Question 6

What is mediation?

Answer 6

ADR form of bringing in a seperate impartial party to mediate and guide a decision which optimises the parties neeeds

-> Mediation encourages coming together and agreeing

Question 7

what is conciliation?

Answer 7

• Similar to mediation but do not make decisions
• No authority to seek evidence or call witnesses
• SImply a messenger to shuttle dimplomacy

Question 8

What is adjudication?

Answer 8

• UK statutory dispute resolution procedure
• Relatively quick process from submission or referral
• Binding until dispute determined by litigation or arbiatration
• Seen as simplified arbitration process

Question 9

What is arbitration?

Answer 9

Form of ADR that resolves disputes outside of the Judiciary courts

Question 10

What is litigation?

Answer 10

Process of taking a dispute to the court of law

Question 11

Why is mediation beneficial over litigation

Answer 11

Mediation is flexible and althrough not legally binding, a final agreement can be enforced as contract
- Cheaper and quicker process

Question 12

Name 3 formal forms of ADR

Answer 12

• Arbitration
• Litigation
• Adjudication

Question 13

Name some different forms of ADR

Answer 13

• Mediation
• Conciliation
• Negotiation

Question 14

Name some RICS approved ADR

Answer 14

• Centre for Effective Dispute Resolution (CEDR)
• Property Obudsman / Ombudsman service business to business
• RICS Dispute Resolution Scheme (DRS)
• Property Redress Scheme
• Arbitration

Question 15

What is a complaints handling procedure and tell me about your firms procedure

Answer 15

CHP defines procedures on how complaints are handled

• if i cannot resolve a complaint through negotiation, i would refer them to my firms CHP which is a form to be filled out
• Within this form is the redress mechanism, contact details of group company secratary (investigator) and confirmation that receipt will be provided within 7 days nd outcome handled within 28 days
• Also ADR if dispute cannot be resolved

Question 16

What forms of ADR does your firm use?

Answer 16

• Centre for Effective Dispute Resolution
• The Property Redress Scheme

Question 17

What would you consider to select a form of dispute resolution?

Answer 17

• The cost in proprtion to the claim
• The timescales involved
• The impact on business relationships and reputation

Question 18

Tell me about a complaint you have handled

Answer 18

I’ve never receieved a complaint

Question 19

Tell me about a conflicts of interest check you have undertaken

Answer 19

Upon receiving a new instruction i checked our property databases and EFS to ascertain if we had previous involvement

• nothing held so reasonable to assume no conflict
• If there was, i would have discussed with partner and submitted onto the conflicts database for review by the board

Question 20

What is the difference between arbitration and litigation?

Answer 20

Arbitrator is govered by Arbitration Act 1996 and matter is settled outside court

-> Cheaper and quicker than going to court
Litigation often seen as last resort

Question 21

What RICS guidance is there on Conflicts of Interest?

Answer 21

RICS COnflicts of Interest, 2017, professional statement

Question 22

How do you use RICS DIspute Resolution?

Answer 22

FIll out a form / submit DRS form

Question 23

How much does the RICS dispute resolution cost?

Answer 23

£425 including VAT

Question 24

Tell me about effective conflict avoidance?

Answer 24

• pro-active management
• Awareness
• Understand competance
• Ensure you adhere to 5 RICS rules of conduct
• Ensure service provided is/are high standard

Question 25

What is an expert witness

Answer 25

Experts in subject field who provide reliable and unbiased opinon to the court
- Provide independent impartial evidence to the Tribunal
- Acting as expert witness overrides any contracual duty to your CLient

Question 26

What is an advocate

Answer 26

Party representative

• Advocate must do for the Client all that the Client might properly do for themselves
• Presents to the Tribunal a Clients properly arguable case as best as possible

Question 27

What is PACT

Answer 27

Professional Arbitration on Court Terms
RICS initiative
- Viable lternative to litigation used to settle disputes
- Professionals appointed are specialisits
- Legally binding
- Aims to increase flexibility, effectiveness and more cost-effective

Question 28

What are the benefits to PACT / why was it set up?

Answer 28

• As a viable alternative to litigation
• More cost-effective
• More flexible
• Quicker process
• Expert decisions

Question 29

What are the benefits to PACT / why was it set up?

Answer 29

• As a viable alternative to litigation
• More cost-effective
• More flexible
• Quicker process
• Expert decisions