Conflict Avoidance

Question 1

What is the dilapidations protocol?

Answer 1

The DP sets out the process that the court expects you to take in relation to disputes prior to the commencement of litigation.

Question 2

What are the timeframes under the dilapidations protocal?

Answer 2

Schedule issued within 56 days
Response issued back within 56 days
Arrange a meeting onsite within 28 days

Question 3

Name the forms of ADR?

Answer 3

Adjudication
Arbitration
Mediation

Question 4

What is mediation?

Answer 4

• Instruct a mediator to help engage in meaningful dialogue.
• The role of the mediator is to facilitate effective negotiation and focus on the issues.
  Pros - cost effective and flexible, and less formal. Requires a collaborative approach.

Question 5

What is Arbitration?

Answer 5

• Where both parties agree for a decision to be made by an independant arbitrator.
• Formal proceeding, similar to court however it is private and confidential.
• Pros - quicker and more cost effective than going to court

Question 6

What is adjudication?

Answer 6

• Most common form
• Parties give evidence to an adjudicator who makes a decision on their behalf
• ## 28 day period for adjudication, however this can be extended by a further 14 days or longer if both parties agree

Question 7

What is expert determination?

Answer 7

• Similar to arbitration, however focused on more of a technical dispute as opposed to a legal dispute.
• The decision can be binding or non-binding

Question 8

Why is it important to set out limitations and exclusions within terms of engagement?

Answer 8

It reduces the potential of dispute due to not including something within your advice.

Question 9

What is Savills Complaints Handling Procedure?

Answer 9

• The person who initially dealt with the matter should try to resolve the issue before it becomes a formal written complaint in which the CHP applies.
  CHP Procedure
  Step 1 - Notify CHO who will send a letter within 5 days giving details of our CHP and nominate a specific person to handling the complaint. They will also log the complaint within the complaints log.
  Step 2 - Reviewer must submit a writteen response to the complainant within 10 days of the initial letter
• Within the response it says if the complainant is disastified they can escale to Complaints Supervisor (CHarlotte Fairman) or and if still unhappy to redress scheme.
• Redress schemes available are:
  Business to Business Complaints = Prperty redress scheme, Mediation through CEDR, or, IDRS.
  Consumer Complaints - The property redress scheme

Note: All correspondance should be checked by the CHO before being sent out.

Reviewer is encourage to have a face to face discussion with the complainant.

All

Question 10

Who is Savills Complaints Handling Officer?

Answer 10

Charlotte Fairman

Question 11

What are the insurance obligations on receipt of a complaint?

Answer 11

My Firms guidlines and insurances require notification to be given to the insurer if it is deemed that a complaint may lead to a claim.