Conflict avoidance management and dispute resolution procedures L1

Question 1

What is a conflict?

Answer 1

A

Question 2

When do disputes arise in your role?

Answer 2

A

Question 3

What can you do if negotiations break down?

Answer 3

A

Question 4

What is a conflict of interest?

Answer 4

A

Question 5

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

Answer 5

A

Question 6

Give examples of ways that conflict can be avoided.

Answer 6

A

Question 7

Why is good management important?

Answer 7

A

Question 8

What are the benefits of clear contract documentation?

Answer 8

A

Question 9

What is partnering or alliancing?

Answer 9

A

Question 10

Why is good project or instruction management important?

Answer 10

A

Question 11

How can good client management reduce conflict?

Answer 11

A

Question 12

Give examples of good payment practices.

Answer 12

A

Question 13

How can good record keeping avoid conflict?

Answer 13

A

Question 14

How do reporting and proactivity reduce conflict?

Answer 14

A

Question 15

What are the three pillars of dispute resolution? Who introduced these terms? Give examples of each.

Answer 15

A

Question 16

How do mediation and conciliation differ globally?

Answer 16

A

Question 17

Why is this important to be aware of?

Answer 17

A

Question 18

What is Alternative Dispute Resolution (ADR)?

Answer 18

A

Question 19

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

Answer 19

A

Question 20

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

Answer 20

A

Question 21

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

Answer 21

A

Question 22

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

Answer 22

A

Question 23

What is the practice of dual agency/double dipping?

Answer 23

A

Question 24

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

Answer 24

A

Question 25

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

Answer 25

A

Question 26

Can you tell me about any other types of ADR?

Answer 26

A

Question 27

Can you tell me about mediation/conciliation/adjudication?

Answer 27

A

Question 28

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

Answer 28

A

Question 29

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

Answer 29

A

Question 30

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

Answer 30

A

Question 31

What does CPR Practice Direction 35 relate to?

Answer 31

A

Question 32

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

Answer 32

A

Question 33

What governs dispute resolution during insolvency or bankruptcy proceedings?

Answer 33

A

Question 34

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

Answer 34

A

Question 35

What is a Dispute Adjudication Board (DAB)? How do these work?

Answer 35

A

Question 36

What are the relevant timescales for adjudication?

Answer 36

A

Question 37

Which Act governs adjudication?

Answer 37

A

Question 38

What is the basic principle of adjudication?

Answer 38

A

Question 39

What claims is adjudication appropriate for?

Answer 39

A

Question 40

What is the aim of adjudication?

Answer 40

A

Question 41

Explain the various adjudication services provided by RICS.

Answer 41

A

Question 42

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

Answer 42

A

Question 43

What timeframe is relevant under this?

Answer 43

A

Question 44

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

Answer 44

A

Question 45

What level of claim can this service be used for?

Answer 45

A

Question 46

What makes this process cost effective?

Answer 46

A

Question 47

How does homeowner adjudication work under the Construction Act?

Answer 47

A

Question 48

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

Answer 48

A

Question 49

What is the role of RICS in dispute resolution?

Answer 49

A

Question 50

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

Answer 50

A

Question 51

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

Answer 51

A

Question 52

What is the difference between the two?

Answer 52

A

Question 53

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

Answer 53

A

Question 54

What tribunals are you aware of?

Answer 54

A

Question 55

When might the Lands Tribunal be involved in a dispute?

Answer 55

A

Question 56

What are the differences between conflict avoidance and dispute resolution?

Answer 56

A

Question 57

Which dispute resolution procedures lead to a binding decision?

Answer 57

A

Question 58

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

Answer 58

A

Question 59

Explain the RICS conflict avoidance pledge to me.

Answer 59

A

Question 60

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

Answer 60

A

Question 61

When was this last updated and what changes were made?

Answer 61

A

Question 62

Explain the Thomas Kilman model to me.

Answer 62

A