Conflict Avoidance, Management, And ADR L1 Flashcards
(10 cards)
What are the 3 types of conflict?
Type 1: Party conflict
Type 2: Own interest conflict
Type 3: Confidential information conflict
What is type 1 conflict?
Party conflict: Where the duty of an RICS member is acting in the interest of a client and this duty conflicts with a duty owed to another client or party in relation to the same or related professional assignment
What is type 2 conflict?
Own interest conflict: Where the duty of an RICS member Acts in the interests of the client and there is a conflict with the interests of that same number whether indirect or direct if it is even a perceived conflict of interest this must be disclosed
What is a type 3 conflict?
Confidential information conflict: Where the duty of an RICS member The paragraph 2.2 to provide material information to one client and the duty of the same member to another client to keep that same information confidential as under paragraph 2.1
What are some common causes of dispute?
unclear contract documentation, lack of communication,
conflicting objectives among stakeholders,
disputes over payments,
delays,
professional negligence.
Can you name some methods of dispute avoidance?
Risk management,
early warning systems,
partnering techniques,
clear and robust client briefings
Name 5 dispute resolution procedures
Mediation
consideration
adjudication
independent expert determination arbitration
What are dispute resolution advisors? (DRAs)
Dispute resolution advisors help individuals or organizations navigate and resolve disagreements, often through alternative dispute resolution
Provide guidance support and strategic advice to clients.
What are dispute resolution boards? (DRBs)
Panels of neutral experts appointed to assist in resolving disputes between parties.
Aim to prevent disputes from escalating.
