Conflict Avoidance Flashcards
(16 cards)
What is a conflict?
A disagreement
What is a conflict of interest?
When a personal/professional matter impacts the ability for a professional to perform their obligations objectively
How are mediation and conciliation differ?
Mediation - mediator guides conversation
Conciliation - facilitator of discussions only
What are the three pillars of dispute resolution?
1 - Negotiation
2 - Mediation / Conciliation
3 - Litigation / Arbitration / Adjudication
What is Alternative Dispute Resolution (ADR)?
The term used to describe ways of resolving a dispute without having to go to court
What are the forms of ADR?
- Mediation
- Negotiation
- Arbitration
- Expert determination
What is the practice of dual agency/double dipping?
Agent acting on behalf of both parties in the same transaction - banned
What would you do if you identified a perceived/actual conflict of interest?
Assess whether conflict can be managed
Include in ToE
Informed consent from both parties
What is adjudication?
Very similar to arbitration, but adjudication is quicker (resolved within 28 days) and is typically used for construction disputes
Can you tell me about any RICS guidance relating to conflicts of interest?
RICS Professional Standard ‘Conflicts of interest’
What are the 3 types of conflicts of interest?
- Own information
- Personal
- Party
What is the RICS conflict avoidance pledge?
Embed conflict avoidance mechanisms into projects with the aim of identifying, controlling and managing potential conflict, whilst preventing the need for formal, adversarial dispute resolution procedures.
Work proactively to avoid conflict and to facilitate early resolution of potential disputes.
What is the Thomas Kilmann model?
A model that argues individuals can either act assertively or cooperatively during conflict situations
What is partnering and alliancing?
Collaborative approaches to managing projects, particularly in construction and infrastructure, that aim to improve project delivery and foster better relationships between parties.
What are the civil procedure rules?
Ensures justice - to ensure that parties to litigation are dealt with fairly, cases proceed swiftly in the most cost-efficient way possible
What is PACT?
A scheme set up by the RICS, where an arbitrator or I.E can settle a dispute prior to escalation to litigation.
