Conflict Avoidance & DRP Flashcards
Where might a conflict arise in your line of work?
- Failing to comply with the terms of engagement
- Failure to manage parties’ expectations
How do you avoid conflicts at work?
- Good communication
- Be proactive and pre-empt situations where conflict could arise
- Be transparent when negotiating contractual obligations
- Clear and careful drafting of the Terms of Engagement
- Keep good and detailed records
What are the 3 methods of dispute resolution?
- Negotiation – parties solve problem
- Mediation – 3rd party intervention
- Adjudication – outcome is determined by a 3rd party
What is alternative dispute resolution (ADR)?
Dispute resolution that does not involve the court / litigation. There are various forms of ADR including: mediation, arbitration and, independent expert determination and adjudication.
What are the advantages of ADR?
- Speed
- Informal
- Greater opportunity for negotiation
- Costs (cheaper than going to court)
What is mediation?
Neutral third party facilitates discussions between two parties to arrive at a solution.
What is arbitration?
An arbitrator will hear both parties accounts and make a decision. Parties are bound by the decision.
What is independent expert determination?
The independent expert has expert knowledge on the subject matter and will make a binding decision for both parties
What is early neutral evaluation?
Use of an independent person, experienced in the subject matter to provide a non-binding opinion.
What is an advocate?
A surveyor who represents their client in court or a tribunal.
What is an expert witness?
When a surveyor provides evidence to a judicial or quasi-judicial body – it is as an expert witness. The expert should give an objective and unbiased opinion.
What does the RICS Guidance Note Conflicts of Interest for Members acting as Dispute Resolvers, 2017 say?
- This guidance is designed for those appointed to act in a dispute
- Every dispute resolver should be impartial
