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Flashcards in Conflict avoidance, management and dispute resolution procedures Deck (21)
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1

What is BHPS dispute resolution procedure?

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

Dispute resolution is Mediation then Arbitration

2

What is the Guidance Note for dispute resolution?

Conflict avoidance and dispute resolution in construction

3

What are some conflict avoidance processes?

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

4

What is the spectrum of dispute resolution?

Negotiation
Mediation
Adjudication

5

What is mediation?

Parties agree on independent third part to facilitate discussions

6

What is expert determination?

Third party who is a subject matter expert makes binding decision

7

What is arbitration?

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

8

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

Not to give advice beyond scope of knowledge and experience

9

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

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

10

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

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

11

What is the 'Three Pillars of Dispute Resolution'?

1-Negotiation
2-Mediation
3-Adjudication

12

What are the three types of conflicts of interest?

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

13

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

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

14

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

It is effective from January 2018.

15

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

It is effective from 1st of January 2018.

16

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

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

Partnering

Three Pillars of ADR

17

What is ADR?

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

18

What types of ADR are available?

Mediation
Expert Determination
Arbitration

19

When might litigation be appropriate?

No cooperation/adversarial
Precedent value

20

How can you avoid conflict when undertaking your daily role?

With project by using conflict avoidance processes

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

21

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

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