Conflict Avoidance, Management and ADR Flashcards
What is Cluttons Complaints Handling Procedure?
Our complaints handling procedures are inline with the RICS Guidance Note 2016.
Firstly = issue the details of our complaints handling procedure to the complainant, which should be acknowledged within 7 days. This must be quick and transparent, and in writing. It will also have stated the details of the compliant handling officer as the person they should contact in the first instance.
If they wish to take the complaint further then we refer them to the Cluttons independent redress scheme, ours is the TPO.
What are the three processes of dispute resolution? / What dispute resolution processes are you aware of?
Negotiation = party resolving themselves
Mediation or conciliation = third party intervention which doesn’t bind a decision
Adjudicative process = outcome determined by a third party eg. arbitration litigation
What are the advantages of using ADR?
Speed, takes less than a court proceeding
Informality
Low cost
Quality of decision making is more accurate as made by a surveyor not a judge
Confidential
What is the role of an expert witness?
When a surveyor provides evidence, and their role is to to have duty of care to the court and not the client.
Should give an objective and unbiased opinion to matters relating to their experience
What is the role of Acting as an Advocate?
When a surveyor acts for their client at a judicial hearing or tribunal and have duty to the instructing client.
Tell me what you know about an Independent Expert?
They are appointed by 2 parties
They have knowledge in the subject matter of the dispute and can use their own opinion or evidence to decide the outcome
Both parties are bound by the decision of an independent expert
Have you ever encountered a conflict in your role?
I have not personally encountered a conflict in my role, but I am aware of the procedures should one arise.
What are the procedures if you did encounter a conflict?
I was firstly consider whether the conflict could be managed, for example implementing an information barrier and inform the client of the conflict. I would not proceed until the client gave me written informed consent that they had acknowledged the conflict and were happy to proceed.
If the conflict cannot be managed then I would ensure that I avoided it by declining the instruction.
