Conflict avoidance, management and dispute resolution procedures

Question 1

What can you do if negotiations break down?

Question 2

What is a conflict of interest?

Question 3

What do the RICS Rules of Conduct say about avoiding conflicts of interest?

Question 4

Give examples of ways that conflict can be avoided.

Question 5

Why is good management important?

Question 6

What are the benefits of clear contract documentation?

Question 7

What is partnering or alliancing?

Question 8

Why is good project or instruction management important?

Question 9

How can good client management reduce conflict?

Question 10

Give examples of good payment practices.

Question 11

How can good record keeping avoid conflict?

Question 12

How do reporting and proactivity reduce conflict?

Question 13

What are the three pillars of dispute resolution?

Question 14

Who introduced these terms?

Question 15

Give examples of each.

Question 16

How do mediation and conciliation differ globally?

Question 17

Why is this important to be aware of?

Question 18

What is Alternative Dispute Resolution (ADR)?

Question 19

Why might you prefer to pursue ADR rather than litigation through the Courts?

Question 20

Tell me about a conflict of interest check you have carried out.

Question 21

What would you do if you identified a perceived/actual conflict of interest?

Question 22

Can you tell me about any RICS guidance relating to conflicts of interest?

Question 23

What is the practice of dual agency/double dipping?

Question 24

Can you tell me about any recent RICS guidance relating to dual agency/double dipping?

Question 25

What is the difference between an arbitrator and an independent expert?

Question 26

Can you tell me about any other types of ADR?

Question 27

Can you tell me about mediation/conciliation/adjudication?

Question 28

What is the Technology & Construction Court and what is its role?

Question 29

If you work with contracts, explain how dispute resolution works in a contract you have worked with.

Question 30

Explain the role of the Civil Procedure Rules (CPRs).

Question 31

What does CPR Practice Direction 35 relate to?

Question 32

What changes were made by the Civil Procedure (Amendment) Rules 2023?

Question 33

What governs dispute resolution during insolvency or bankruptcy proceedings?

Question 34

What is a Dispute Review or Recommendation Board (DRB)?

Question 35

How does this process work?

Question 36

What is a Dispute Adjudication Board (DAB)?

Question 37

How do these work?

Question 38

What are the relevant timescales for adjudication?

Question 39

Which Act governs adjudication?

Question 40

What is the basic principle of adjudication?

Question 41

What claims is adjudication appropriate for?

Question 42

What is the aim of adjudication?

Question 43

Explain the various adjudication services provided by RICS.

Question 44

Explain the impact of the Housing Grants Construction and Regeneration Act 1996 (Construction Act) on dispute resolution and construction contracts.

Question 45

What timeframe is relevant under this?

Question 46

Explain what the role of the RICS Low Value Dispute Adjudication service is.

Question 47

What level of claim can this service be used for?

Question 48

What makes this process cost effective?

Question 49

How does homeowner adjudication work under the Construction Act?

Question 50

Can you tell me about PACT in relation to lease renewals?

Question 51

What is the role of RICS in dispute resolution?

Question 52

What RICS guidance are you aware of relating to dispute resolution, ADR or roles in dispute resolution?

Question 53

Tell me about your role if you were acting as an expert witness/advocate.

Question 54

What is the difference between the two?

Question 55

How does your duty of care differ in the two roles?

Question 56

What tribunals are you aware of?

Question 57

When might the Lands Tribunal be involved in a dispute?

Question 58

What are the differences between conflict avoidance and dispute resolution?

Question 59

Which dispute resolution procedures lead to a binding decision?

Question 60

What is a Scott Schedule and when would one be used?

Question 61

Explain the RICS conflict avoidance pledge to me.

Question 62

What RICS guidance relates to conflicts of interest for dispute resolvers?

Question 63

When was this last updated and what changes were made?

Question 64

Explain the Thomas Kilman model to me