Conflict Avoidance and Dispute Resolution Procedures

Question 1

How can conflict be avoided?

Answer 1

Clear communication
Clear contract documentation (ToB)
Good project management
Good management of client expectations
Record Keeping
Proactive approach to task
Regular updates/contact

Question 2

How can clear communication help?

Answer 2

Good communication is key to building trust, a significant amount if disputes arise from miscommunication.

Being open, honest & transparent using clear language, understanding the clients aim & objectives can avoid misunderstanding and subsequent disputes

Question 3

What date did the RICS Statement Conflict of interest 1st Edn. come into effect?

Answer 3

1st Jan 2018

Question 4

How are complaints handled within your firm?

Answer 4

1. Provide CHP & ask for complaint in writing
2. Inform supervisor - evaluates if complaint warrants raising with PII
3. Complaints are handled within 28days with regular updates during this time
4. If the complaint cannot be settled the complainant is signposted toward toward the RICS ADR service.
5. RICS is notified in the annual return

Question 5

Where can the CHP be found?

Answer 5

In the ToB

Question 6

Why is negotiation an effective route to resolve dispute/conflict?

Answer 6

Parties can reach an amicable decision between themselves.
Cost effective
Most efficient
Can be used alongside other forms of ADR

Question 7

What do you understand about ADR?

Answer 7

Alternative dispute Resolution
An external process to assist disagreeing parties to come to an agreement without resorting to litigation
Less time consuming that litigation
More cost effective than litigation.

the 3 Pillars of dispute resolution are -
Negotiation
Mediation
Arbitration

Question 8

How are conflicts of interest managed in the firm?

Answer 8

Always send around an email to check CoI

If a conflict exists ensure full disclosure of the CoI to all affected parties & ensure informed consent before proceeding with the instruction

If the CoI cannot be resolved decline the instruction.

Ensure effective information barriers are in place.

Question 9

What is the difference between conflict of interest and conflict?

Answer 9

Conflict of Interest - Anything that impedes or may be seen to impede an individuals/firms ability to act objectively, impartially & in the clients best interest

Conflict - Disagreement between parties

Question 10

What are the 3 types of Conflict of Interest?

Answer 10

Party Conflict - Acting in the interests of a client in an instruction that conflicts with a duty owed to another client in relation to the same or related instruction.

Own Interest - Where the duty to act in the interests of a client conflicts with the interests of the surveyor or firm

Confidential Information Conflict - Where duty to provide material information to once client conflicts with their duty to keep that information confidential to another client.