Conflict Avoidance, Management and Dispute Resolution Flashcards
1
Q
How can you avoid conflict?
A
- Providing clear and concise instructions
- Clear understanding of objectives and clear communication
- Adopting proactive conflict avoidance risk analysis
- Careful and transparent contractual negotiations
- Keep good records with sufficient detail
2
Q
Why is it important to avoid conflict?
A
- Can lead to inefficiencies
- Can result in difficult communication
3
Q
What are the three main processes available when resolving disputes?
A
- Negotiation - problem-solving between the parties themselves
- Mediation or conciliation - a third party intervention which does not bind parties but to assist in removing difficulties
- Adjudicative process - outcome determined by a third party, such as litigation or arbitration
4
Q
What are the benefits of ADR?
A
- Speed
- Informality
- Greater opportunity for negotiation
- Cost (less money spent on fees for litigation)
- Quality of decision making
- Confidentiality
5
Q
What is Mediation?
A
- Involves a neutral mediator who facilitates discussions between 2 parties to explore whether a resolution can be reached
- Conducted on a ‘without prejudice’ basis
- Cannot impose a resolution on the two parties
6
Q
Is there any guidance on mediation?
A
RICS Guidance Note on mediation, 2014
7
Q
What is Arbitration?
A
- Appointed in accordance with Arbitration Act 1996
- Parties are bound by the decision
- Have specialist knowledge of the area but decision can be over-ruled by Court of Appeal
8
Q
What is Independent Expert Determination?
A
- Appointed by two parties (or the RICS i.e rent reviews)
- Expert knowledge of the subject matter
- Parties are bound by the decision
- Receive evidence from both parties and use own opinion to decide on the award
9
Q
Is there any guidance on Independent Experts?
A
RICS Guidance Note on Independent Expert Determination 2016
