Conflict Avoidance, Management & Dispute Resolution Procedures

Question 1

What is conflict avoidance?

Answer 1

• Involves planning the strategy for completing a project as disputes often arise from ambiguity or an unclear definition of risk
• Adopting proactive conflict avoidance approaches such as carrying out a risk analysis

Question 2

What is conflict management?

Answer 2

Involves the use of processes, tools and skills to find ways to manage disagreements and disputes

Question 3

What 3 main methods of dispute resolution are you aware of?

Answer 3

1. Negotiation
2. Mediation
3. Adjudication

Question 4

What is negotiation?

Answer 4

Problem solvin efforts of the parties themselves

Question 5

What is mediation?

Answer 5

A third party intervention which does not bind the parties to a decision but assists them to resolve difficulties

Question 6

What is adjudication?

Answer 6

An outcome is determined by a third party such as litigation or arbitration

Question 7

What are the benefits of ADR?

Answer 7

• Speed
• Informality
• Cheaper than litigation
• Opportunity for negs
• Confidentiality
• Surveyor not a judge making a decision

Question 8

What is mediation?

Answer 8

• Involves the use of a neutral mediator who facilitates discussions beween both parties to explore whether a solution can be found
• Conducted on a ‘without prejudice basis’
• Mediator has no decision-making authority & cannot impose a resolution upon the two parties

Question 9

What is the RICS Dispute Resolution Service?

Answer 9

• It is the worlds oldest and largest provider of ADR services in the land, property, and construction services/industries
• Provides dispute resolution services including arbitration, independent expert determination, dilapidations dispute resolution scheme

Question 10

What are the differences between an arbitrator and an independent expert?

Answer 10

• An arbitrator makes a decision based on the evidence presented
• An independent expert uses their own expertise and judgment to form an opinion or determination

Question 11

What does an arbitrator do?

Answer 11

• Decides a dispute acting in accordance with statute (Arbitration Act 1996)
• Has the power to award costs
• Cannot be sued for negligence
• RR disputes

Question 12

What does an independent expert do?

Answer 12

• Determination is produced that binds the parties
• Can in theory be sued for negligence
• RR & service charge disputes

Question 13

What is PACT?

Answer 13

• Professional Arbitration on Court Terms
• A form of ADR specific to business tenany renewals under the L&T Act 1954
• Fast, cost effective and confidential solution to a dispute compared with court proceedings

Question 14

What are the two roles a surveyor in dispute resolution proceedings adopt?

Answer 14

• Acting as an expert witness
• Acting as an advocate

Question 15

What does it mean when a surveyor acts as an expert witness?

Answer 15

• Primary duty is to the tribunal, not to the party
• Must ahere to the rules of the tribunal and in accordance with RICS Practice Statement 2014
• RICS Practice Alert was issued in 2024 - address failure of some members to comply with mandatory standards

Question 16

What does it mean when a surveyor acts as an advocate?

Answer 16

• Owe the duty to your client and also to the tribunal to act fairly
• Can represent a client in front of certain tribunals such as RR disputes in front of an arbitrator
• Must adhere to RICS Professional Statement 2017