Conflict avoidance, management and dispute resolution procedures

Question 1

What is dispute resolution?

Answer 1

The resolution of a dispute between two or more parties?

Question 2

What are the main methods of dispute resolution

Answer 2

Alternative Dispute Resolution
Arbitration
Independent Expert determination
PACT
Mediation

Question 3

What does PACT stand for?

Answer 3

Professional Arbitration on Court Terms

Question 4

What is PACT?

Answer 4

A form of ADR specific to business tenancy renewals under L+T act 1954
Only used if both parties agree

Question 5

Under PACT can the dispute resolver act as an independent expert or an arbitrator?

Answer 5

Both

Question 6

What is mediation

Answer 6

Use of a neutral mediator who facilitates discussions between two parties
Informal + Confidential process

Question 7

What is the oldest and largest provider of Alternative Dispute Resolution?

Answer 7

The RICS Dispute Resolution Service

Question 8

What is the primary duty of an expert witness?

Answer 8

To the tribunal, not the party who they were appointed.

Question 9

When can a surveyor accept an instruction to act as an expert witness?

Answer 9

If they have the relevant knowledge, experience and qualifications appropriate.

Question 10

What must the a surveyor expert witness act in accordance with?

Answer 10

The RICS Practice Statement and Guidance Note for Surveyors acting as expert witnesses 4th edition.

Question 11

What is ADR?

Answer 11

Dispute resolution processes that fall outside the scope of court litigation.

Question 12

What are some advantages of ADR?

Answer 12

Speed
Informality (Takes place outside court)
Increased opportunity for negotiation
Cost (Less money spent on professional fees)
Confidentiality

Question 13

Can an Arbitrator be sued for negligence?

Answer 13

No

Question 14

Are there any grounds to appeal an arbitrators decision?

Answer 14

Jurisdiction
Point of law
Serious Irregularity

Question 15

What needs to be considered when determining the most appropriate form of dispute resolution?

Answer 15

The contract that governs the relationship between the parties.

Question 16

What two roles can a surveyor adopt in dispute resolution proceedings?

Answer 16

Expert witness or advocate.

Question 17

What must a surveyor act in accordance with when acting as an expert witness?

Answer 17

RICS practice statement and guidance note for surveyors acting as expert witnesses