Conflict avoidance, management and dispute resolution

Question 1

What procedures can you adopt to avoid disputes?

Answer 1

• Clear contact documents and terms of engagement
• Effective communication between all parties
• Accurate record keeping
• Issuing written correspondence
• Follow RICS guidance and procedures

Question 2

What are some common causes of disputes?

Answer 2

• errors in documents
• Lack of knowledge or understanding
• Delays to payments
• Nonconformity of contractual obligations

Question 3

What is an expert witness?

Answer 3

• An expert in their particular field
• Provide their expert opinion in legal cases and disputes
• They are appointed by the two parties
• Their duty is to the COURT, they are their to help the court reach a decision

Question 4

What is mediation?

Answer 4

• It is a form of a dispute resolution, entered into by consent of both parties
• They facilitate discussions between both parties
• They have no decision making authority and cannot impose a resolution

Question 5

What is conciliation?

Answer 5

Same as mediation, however if the decision cannot be made between both parties, they can set out a solution which can be binding.

Question 6

what is arbitration?

Answer 6

• This involves an arbitrator being appointed
• The parties are bound by their decision
• They CANNOT be sued for negligence but their decision can be over ruled by the court
• You can appeal
• Decision is binding

Question 7

What is professional arbitration on court terms? (PACT)

Answer 7

It is form of arbitration used for lease renewal disputes

Question 8

Whats the differences between Independent expert and arbitrator?

Answer 8

IE - can be held liable but you cant appeal
Arbitrator - cannot be held liable

IE - Much cheaper
Arbitrator - can be expensive

Question 9

What is a conflict?

Answer 9

A disagreement or argument

Question 10

Explain what the RICS conflict avoidance pledge is?

Answer 10

Aims to resolve disputes before going to court
Number of companies have pledged
collaborative working

Question 11

What are the three main processes when resolving a dispute?

Answer 11

1. Negotiation
2. Mediation or conciliation
3. Arbitration or litigation

Question 12

Tell me about expert witness?

Answer 12

An expert witness is someone with specialized skills, knowledge, or experience who testifies in court about what s/he believes has happened in a certain case based on those specialized skills, knowledge, or experience. Their duty is to THE COURT!

Question 13

What is an advocate?

Answer 13

A surveyor acting as an advocate, represents their client at court. duty to their client

Question 14

Alternative dispute resolution to what?

Answer 14

Litigation - going to court (costly and lengthy)

Question 15

What do you mean by the stability of pre pandemic agreements?

Answer 15

• Collecting rent has become more difficult during pandemic.
• CRARR cannot be used
• Cannot forfeit lease for non payment of rent due