Conflict Avoidance and Dispute Resolution Flashcards

1
Q

What is PACT?

A

Professional Arbitration on Court Terms. A joint initiative between RICS and the Law Society.

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2
Q

You are dealing with a commercial property and a dispute arises. What are the benefits of ADR?

A

Cheaper and quicker than litigation and can be kept confidential.

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3
Q

What are the different forms of ADR?

A

NAMA - negotiation adjudication, mediation and arbitration

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4
Q

Talk through the RICS PS Conflicts of Interest

A

2017 PS. 3 parts - PS, general commentary, supplementary commentary. 3 conflicts - party (2 clients), personal, confidential information. RICS members must not advice/represent clients where a COI exists unless prior informed consent.

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5
Q

What is a conflict of interest?

A

when impartiality is called into question. A situation in which the duty of a member conflicts with another duty.

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6
Q

When is prior informed consent appropriate?

A

If you are satisfied that for you to continue is in the interest of everyone, is not prohibited by law and does not prevent you from providing dilligence/competent/objective advice.

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7
Q

How do you avoid COI?

A

identify each client and confirm against firm register.

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8
Q

What kinds of conflict can there be?

A

Party, personal, confidential. Party = 2 contractual competing clients. Personal = I personally have an interest in the outcome. Confidential info = I hold sensitive info that would help further an instruction.

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9
Q

How would you manage a conflict?

A

If I had to - Chinese wall, password protect, info barrier, work in separate offices.

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10
Q

What is mediation? When might it be used?

A

Facilitative resolution - third party assists others come to a resolution but doesn’t express their own opinion. Low cost, flexible, can be quick but non-binding.

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11
Q

What is arbitration? When might it be used?

A

Arbitrator relies on written submissions from parties. Award is final and binding. Used in RR.

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12
Q

What is expert determination?

A

When might it be used? Expert makes own investigations into matter. No statutory right of appeal but can be sued for negligence. Can be used for RR / SC disputes.

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13
Q

Are you familiar with other methods of ADR?

A

PACT - RICS & Law Society initiative. ADR for lease renewals.

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14
Q

What are the advantages of ADR?

A

Quicker than litigation.

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15
Q

What are the three stages of dispute resolution?

A

Try to negotiate first; then try mediation; then try adjudicative process (third party decides).

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