Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards
What are the 3 pillars of dispute resolution?
- Negotiation
- Mediation
- Arbitration / Adjudication
First-Tier Tribunal
(Property Chamber)
Handles initial applications and appeals regarding land registration issues, rent increase and lease disputes
Upper-Tier Trubunal
(Lands Chamber)
Handles hearings for appeals from the First-Tier Tribunal, as well as compensation claims for CPO
What are the 3 levels of disciplinary procedures?
- Action by the Head of Regulation
- Disciplinary Panel (draen from the Independent Regulatory Tribinal)
- Appeal Panel
If disciplinary procedure is required, after the initial investigation stage, what are the 4 actions the Head of Regulation can initiate?
- Serve a Fixed Penalty Notice - low level breach - fine or caution
- Make a Regulatory Compliance Order - low level breach - written document and agrement to pay a fine
- Refer the matter to a single member of the Regulatory Tribunal for consideration
- Refer the matter directly to the Disciplinary Panel - for more serious breaches and can be a hearing
What RICS Guidance is related to this competency?
RICS Professional Statement and Guidance Note for Surveyors Acting as Advocates 2017
What are the advantages of ADR?
- Quicker and faster than court proceedings
- Cost effective / cheaper
- Informal
- Confidential
What is the RICS Dispute Resolution Service?
The world’s oldest and largest dispute resolution service provider of ADR in the land, property and construction industries and provides dispute resolution and avoidance services in numerous areas
Surveyors role in dispute resolution proceedings
Can be asked to act as an expert witness or an advocate in front of a tribunal / dispute resolver
Acting as an Expert Witness
- Primary duty is to the tribunal, not to the party whom the witness is appointed
- Should only act as witness if they have the knowledge, experience and qualifications appropriate and must have no conflicts
- Must make a declaration and give a statement of truth in accordance with RICS guidance
- Must be independent and unbiased
- Cannot be appointed on a success related fee basis
Acting as an Advocate
- Can represent a client in front of certain tribunals such as rent review disputes
- Owes a duty to the client but also to the tribunal to act properly and fairly
- Must adhere to the RICS Professional Statement and Guidance Note for Surveyors acting as advocates 2017
What is Arbitration?
A formal, legally binding method of alternative dispute resolution where parties agree to have their dispute decided by a neutral third party, called an arbitrator, instead of going to court. The arbitrator hears both sides of the case, considers evidence, and makes a final, binding decision, often referred to as an “award”
What is Mediation?
A process where a neutral third party, the mediator, helps two or more people in a disagreement find a solution they can all agree to. It’s a voluntary, confidential, and flexible way to resolve disputes, often quicker and cheaper than going to court. The mediator facilitates communication and helps the parties explore their issues and negotiate a mutually agreeable resolution
What is PACT?
Professional Arbitration on Court Terms
a method of alternative dispute resolution (ADR) for lease renewal disputes, particularly those arising under the Landlord and Tenant Act 1954. It allows landlords and tenants to resolve disagreements about lease terms and rent outside of court by referring the matter to an independent third party, who can act as either an arbitrator or an expert
What is Independent Expert Determination?
A private process involving an independent technical expert. They make a binding decision on technical rather than legal issues and have the power to ask questions of the parties before rendering their decision
