Conflict Avoidance, Management and Dispute Resolution Procedures - Level 1 Flashcards
(50 cards)
What is a conflict?
A conflict is a struggle or an opposition.
When do disputes arise in your role?
Disputes can arise at various stages of a construction project, particularly when disagreements occur over costs, claims, or contractual interpretations.
What can you do if negotiations break down?
If negotiations reach a bargaining deadlock, reframing the problem, introducing a third party, taking a break, using objective criteria, offering conditional concessions, and rebuilding trust can help.
Other options include seeking mediation, using arbitration, or even resorting to legal recourse.
What is a conflict of interest?
A conflict of interest is where a person in a position of trust has a competing personal or professional interest that prevents them from performing their duties impartially.
What do the RICS Rules of Conduct say about avoiding conflicts of interest?
An RICS member or regulated firm must not advise or represent a client where doing so would involve a Conflict of Interest or a significant risk of a Conflict of Interest.
Give examples of ways that conflict can be avoided.
To avoid conflict, prioritize open and respectful communication, set clear expectations, and encourage teamwork. Active listening, knowing when to walk away from a heated situation, and fostering a positive environment are also helpful.
Why is good management important?
Good management is crucial for organizational success as it optimizes operations, fosters a positive work environment, and drives employee engagement and development.
What are the benefits of clear contract documentation?
Clear and concise contract documentation offers numerous advantages, including improved communication, reduced disputes, and a clearer understanding of rights and obligations for all parties involved.
It also helps with dispute resolution, risk mitigation, and provides a legal record of the agreed-upon terms.
What is partnering or alliancing?
Partnering and alliancing are collaborative approaches to contract management, often used in large or long-term projects.
Partnering is a broader term for collaborative relationships, while alliancing is a specific type of partnering where parties jointly share risks and rewards, forming a cohesive unit.
Both emphasize trust, openness, and a shared commitment to project success.
Why is good project or instruction management important?
Good project and instruction management are crucial for successful completion of projects, ensuring they are delivered on time, within budget, and to the expected quality.
It involves effective planning, organization, and control of all project activities, as well as managing resources, risks, and stakeholder communication.
How can good client management reduce conflict?
- Establishing Clear Expectations and Agreements
- Proactive Communication and Relationship Building
- Effective Conflict Avoidance and Resolution Strategies
- Professionalism and Ethical Conduct
Give examples of good payment practices.
Good payment practices include ensuring timely and transparent payments, adhering to agreed-upon payment terms, and avoiding withholding payments without justification.
Additionally, using interim valuations, record-keeping, and proactive communication are crucial for avoiding disputes and maintaining positive relationships.
How can good record keeping avoid conflict?
- Clarity and Transparency
- Demonstrating Due Diligence and Compliance
- Facilitating Early Resolution of Disagreements
- Protecting Against Claims and Liabilities
How do reporting and proactivity reduce conflict?
Clear reporting, which emphasizes transparency and timely information sharing, fosters understanding and collaboration among stakeholders, reducing the likelihood of disagreements arising from misunderstandings.
Increased productivity, achieved through effective planning, resource utilization, and technology adoption, streamlines project execution, minimizing delays and potential conflicts.
What are the three pillars of dispute resolution?
- Negotiation:
- Mediation:
- Adjudication/Arbitration/Litigation:
Who introduced these terms?
The concept of the “3 pillars of dispute resolution” was introduced by Professor Green of Boston University.
While RICS (Royal Institution of Chartered Surveyors) uses and adapts this framework in its guidelines, it did not originate the term itself.
Give examples of each.
- Negotiation: This involves direct communication and problem-solving between the parties involved in the dispute. It’s the most direct approach to reaching a settlement.
- Mediation: A neutral third party, the mediator, facilitates communication and helps the parties reach a mutually agreeable solution. Mediation is voluntary and doesn’t involve a binding decision from the mediator.
- Adjudication/Arbitration/Litigation: This involves a formal process where a neutral third party (adjudicator, arbitrator, or judge) makes a binding decision based on the presented evidence and arguments. This is the most formal and often the final step in resolving a dispute.
How do mediation and conciliation differ globally?
Difference between Mediation and Conciliation: 1. Mediation it is the process of resolving issues between parties where a third party assists them in resolving disputes, while in conciliation method in which an expert is appointed to settle disputes between the parties.
Why is this important to be aware of?
Choosing the right process can significantly impact the efficiency, cost-effectiveness, and success of dispute resolution.
Being aware of global variations in these processes is essential for navigating international disputes and ensuring that the chosen method is appropriate for the specific context.
What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) refers to various methods for resolving legal disputes outside of a traditional court trial, offering a more informal, less expensive, and potentially quicker way to settle disagreements. These methods include mediation, arbitration, neutral evaluation, and other forms of negotiation.
Why might you prefer to pursue ADR rather than litigation through the Courts?
Offers a more informal, less expensive, and potentially quicker way to settle disagreements.
What is the practice of dual agency/double dipping?
Dual agency, also known as double dipping, occurs when a single consultant represents both the buyer and seller in the same transaction.
Can you tell me about any recent RICS guidance relating to dual agency/double dipping?
In 2018, the RICS implemented a new professional statement that banned “double dipping” (also known as dual agency) in UK commercial property investment agency.
What is the difference between an arbitrator and an independent expert?
An arbitrator is a neutral party appointed to resolve disputes, while an independent expert provides expert opinions and advice on specific technical issues.
