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APC Question Pack > Conflict And Avoidance - Level 1 > Flashcards

Conflict And Avoidance - Level 1 Flashcards

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1
Q

What is a conflict?

A

A conflict is a disagreement or clash between parties.

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2
Q

When do disputes arise in your role?

A

Disputes arise when there are differing interests or interpretations of agreements.

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3
Q

What can you do if negotiations break down?

A

If negotiations break down, consider mediation or alternative dispute resolution.

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4
Q

What is a conflict of interest?

A

A conflict of interest occurs when a person’s personal interests could influence their professional decisions.

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5
Q

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

A

The RICS Rules of Conduct emphasize the need to disclose and manage conflicts of interest.

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6
Q

Give examples of ways that conflict can be avoided.

A

Conflict can be avoided through clear communication, setting expectations, and proper documentation.

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7
Q

Why is good management important?

A

Good management is important as it helps prevent conflicts and ensures smooth operations.

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8
Q

What are the benefits of clear contract documentation?

A

Clear contract documentation reduces misunderstandings and provides a reference for obligations.

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9
Q

What is partnering or alliancing?

A

Partnering or alliancing is a collaborative approach to project delivery that fosters cooperation.

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10
Q

Why is good project or instruction management important?

A

Good project management is crucial for meeting deadlines and maintaining quality.

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11
Q

How can good client management reduce conflict?

A

Good client management fosters trust and open communication, reducing the likelihood of disputes.

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12
Q

Give examples of good payment practices.

A

Good payment practices include timely payments, clear invoicing, and adherence to agreed terms.

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13
Q

How can good record keeping avoid conflict?

A

Good record keeping provides evidence and clarity, helping to resolve disputes if they arise.

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14
Q

How do reporting and proactivity reduce conflict?

A

Regular reporting and proactive communication help identify issues early and prevent escalation.

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15
Q

What are the three pillars of dispute resolution?

A

The three pillars of dispute resolution are negotiation, mediation, and arbitration.

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16
Q

Who introduced these terms?

A

These terms were introduced by various legal scholars and practitioners in the field of dispute resolution.

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17
Q

Give examples of each.

A

Examples include negotiation (direct talks), mediation (third-party facilitation), and arbitration (binding decision).

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18
Q

How do mediation and conciliation differ globally?

A

Mediation typically involves a neutral party facilitating discussions, while conciliation may involve more active intervention.

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19
Q

Why is this important to be aware of?

A

Understanding these differences helps in selecting the appropriate method for resolving disputes.

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20
Q

What is Alternative Dispute Resolution (ADR)?

A

ADR refers to methods of resolving disputes outside of traditional court proceedings.

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21
Q

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

A

ADR is often faster, less formal, and can be more cost-effective than litigation.

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22
Q

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

A

A conflict of interest check involves reviewing relationships and interests that may affect impartiality.

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23
Q

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

A

If a conflict is identified, it should be disclosed and managed according to established protocols.

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24
Q

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

A

RICS provides guidance on identifying and managing conflicts of interest in professional practice.

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25
What is the practice of dual agency/double dipping?
Dual agency occurs when one agent represents both parties in a transaction, potentially leading to conflicts.
26
Can you tell me about any recent RICS guidance relating to dual agency/double dipping?
Recent RICS guidance emphasizes transparency and the need for informed consent from all parties.
27
What is the difference between an arbitrator and an independent expert?
An arbitrator makes binding decisions, while an independent expert provides non-binding opinions.
28
Can you tell me about any other types of ADR?
Other types of ADR include mini-trials, neutral evaluation, and collaborative law.
29
Can you tell me about mediation/conciliation/adjudication?
Mediation involves negotiation facilitated by a third party, conciliation includes more active intervention, and adjudication results in a binding decision.
30
What is the Technology & Construction Court and what is its role?
The Technology & Construction Court specializes in resolving disputes related to construction and technology.
31
If you work with contracts, explain how dispute resolution works in a contract you have worked with.
Dispute resolution in contracts typically includes clauses outlining mediation, arbitration, or litigation procedures.
32
Explain the role of the Civil Procedure Rules (CPRs).
The CPRs govern the conduct of civil litigation in England and Wales, providing a framework for court procedures.
33
What does CPR Practice Direction 35 relate to?
CPR Practice Direction 35 relates to expert evidence in civil proceedings.
34
What changes were made by the Civil Procedure (Amendment) Rules 2023?
The changes include updates to expert witness protocols and case management procedures.
35
What governs dispute resolution during insolvency or bankruptcy proceedings?
Insolvency laws and regulations govern dispute resolution in these contexts.
36
What is a Dispute Review or Recommendation Board (DRB)?
A DRB is a panel that provides recommendations to help resolve disputes before they escalate.
37
How does this process work?
The DRB reviews issues and provides recommendations based on the evidence presented.
38
What is a Dispute Adjudication Board (DAB)?
A DAB is a panel that makes binding decisions on disputes arising during a project.
39
How do these work?
DABs operate by hearing evidence from both parties and issuing decisions based on the contract terms.
40
What are the relevant timescales for adjudication?
Adjudication typically has strict timelines for referral, response, and decision issuance.
41
Which Act governs adjudication?
The Housing Grants, Construction and Regeneration Act 1996 governs adjudication in construction contracts.
42
What is the basic principle of adjudication?
The basic principle is to provide a quick and cost-effective resolution to disputes.
43
What claims is adjudication appropriate for?
Adjudication is appropriate for claims related to construction contracts and payment disputes.
44
What is the aim of adjudication?
The aim of adjudication is to resolve disputes efficiently and fairly.
45
Explain the various adjudication services provided by RICS.
RICS provides services including low-value dispute adjudication and expert determination.
46
Explain the impact of the Housing Grants Construction and Regeneration Act 1996 (Construction Act) on dispute resolution and construction contracts.
The Act introduced mandatory adjudication provisions for construction contracts, enhancing dispute resolution.
47
What timeframe is relevant under this?
The relevant timeframe typically includes 28 days for adjudication referrals.
48
Explain what the role of the RICS Low Value Dispute Adjudication service is.
This service provides a streamlined process for resolving low-value construction disputes.
49
What level of claim can this service be used for?
The service is suitable for claims typically under a specified monetary threshold.
50
What makes this process cost effective?
The process is cost-effective due to simplified procedures and reduced legal fees.
51
How does homeowner adjudication work under the Construction Act?
Homeowner adjudication allows homeowners to resolve disputes with contractors quickly and efficiently.
52
Can you tell me about PACT in relation to lease renewals?
PACT is a framework that facilitates negotiation and resolution of lease renewal disputes.
53
What is the role of RICS in dispute resolution?
RICS provides guidance, training, and services to support effective dispute resolution.
54
What RICS guidance are you aware of relating to dispute resolution, ADR or roles in dispute resolution?
RICS offers guidance on best practices for mediation, arbitration, and expert witness roles.
55
Tell me about your role if you were acting as an expert witness/advocate.
As an expert witness, I provide impartial evidence; as an advocate, I represent a party's interests.
56
What is the difference between the two?
The expert witness role is neutral, while the advocate role is partisan.
57
How does your duty of care differ in the two roles?
The duty of care for an expert witness is to the court, while for an advocate, it is to the client.
58
What tribunals are you aware of?
Tribunals include the Lands Tribunal, Employment Tribunal, and various specialist courts.
59
When might the Lands Tribunal be involved in a dispute?
The Lands Tribunal may be involved in disputes related to land use, valuation, or rights.
60
What are the differences between conflict avoidance and dispute resolution?
Conflict avoidance focuses on preventing disputes, while dispute resolution addresses conflicts after they arise.
61
Which dispute resolution procedures lead to a binding decision?
Procedures such as arbitration and adjudication lead to binding decisions.
62
What is a Scott Schedule and when would one be used?
A Scott Schedule is a document used to summarize and compare claims in construction disputes.
63
Explain the RICS conflict avoidance pledge to me.
The RICS conflict avoidance pledge commits professionals to proactive measures to prevent disputes.
64
What RICS guidance relates to conflicts of interest for dispute resolvers?
RICS guidance outlines best practices for identifying and managing conflicts of interest.
65
When was this last updated and what changes were made?
The guidance was last updated in 2023, with changes to clarify disclosure requirements.
66
Explain the Thomas Kilman model to me.
The Thomas Kilman model categorizes conflict-handling styles into five approaches: competing, collaborating, compromising, avoiding, and accommodating.

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