Conflict avoidance, management and dispute resolution procedures

Question 1

What is BHPS dispute resolution procedure?

Answer 1

On receiving a complaint acknowledge within 7 days and full response within 21 days.

Dispute resolution is Mediation then Arbitration

Question 2

What is the Guidance Note for dispute resolution?

Answer 2

Conflict avoidance and dispute resolution in construction

Question 3

What are some conflict avoidance processes?

Answer 3

Good management
Clear contract docs
Good client management
Good constructor management 
Good design team management
Early and clear communication with client

Question 4

What is the spectrum of dispute resolution?

Answer 4

Negotiation
Mediation
Adjudication

Question 5

What is mediation?

Answer 5

Parties agree on independent third part to facilitate discussions

Question 6

What is expert determination?

Answer 6

Third party who is a subject matter expert makes binding decision

Question 7

What is arbitration?

Answer 7

Dispute is determined by a private tribunal/individual who is normally a lawyers

Question 8

If you were a newly qualified surveyor, what would you consider when giving advise in relation to dispute resolution?

Answer 8

Not to give advice beyond scope of knowledge and experience

Question 9

Regarding mitigating or avoiding disputes, how would you manage this in relation to contract administration and Interim Valuation?

Answer 9

Financial impacts or loss and expense dealt with ASAP to avoid disputes at the end of the project.

Question 10

You note that you helped deal with final account on LW4, were there any final account procedures to help mitigate disputes?

Answer 10

Just ensure the procedure of the Final Account does not overshadow pending interim valuations.

Question 11

What is the ‘Three Pillars of Dispute Resolution’?

Answer 11

1-Negotiation
2-Mediation
3-Adjudication

Question 12

What are the three types of conflicts of interest?

Answer 12

1-Party Conflict
2-Own Interest Conflict
3-Confidential Information conflict

Question 13

When can advice be provided if a conflict of interest is present?

Answer 13

Only if it is;
1-In the interest of those affected
2-not prohibited by law
3-does not affect the firm from providing competent advice

Question 14

You note that the conflict of interest guidance note is 2018, is that correct?

Answer 14

It is effective from January 2018.

Question 15

You note that the conflict of interest guidance note is 2018, is that correct?

Answer 15

It is effective from 1st of January 2018.

Question 16

What key points did you take from the RICS guidance note?

Answer 16

Conflict avoidance processes (good management, clear doc, good client and contractor management, clear contract docs checking)

Partnering

Three Pillars of ADR

Question 17

What is ADR?

Answer 17

ADR refers to any means of settling disputes outside of court.

Question 18

What types of ADR are available?

Answer 18

Mediation
Expert Determination
Arbitration

Question 19

When might litigation be appropriate?

Answer 19

No cooperation/adversarial

Precedent value

Question 20

How can you avoid conflict when undertaking your daily role?

Answer 20

With project by using conflict avoidance processes

With colleagues this could be as simple as meeting deadlines and treating others with respect

Question 21

Where a conflict arises with a colleague, how might you handle the situation?

Answer 21

Talk to colleague 
Focus on behaviour and events
Listen carefully 
Identify key points of agreement / disagreement
Develop plan to overcome
Follow through