What is conflict avoidance?
Conflict avoidance is a method of managing and reacting to conflict. It is important to know why conflict may arise and how to avoid it.
What are the Civil Procedure Rules?
An improvement to the legal system making it quicker, cheaper, and easier to understand through the introduction of ADR (Alternative Dispute Resolution)
What is Alternative Dispute Resolution?
ADR is a procedure to resolve conflicts between parties and to avoid litigation.
Types of ADR include Mediation, Arbitration, Independent Expert Determination, Adjudication, and Early neutral evaluation.
Does RICS provide ADR?
Yes - PACT (Professional Arbitration on Court Terms)
Viable alternative to court where the parties cannot agree on key lease terms
What would you consider prior to picking a form of ADR?
Cost
Timescales
Impact on business relations/rep
What is the role of the RICS in Dispute Resolution?
RICS runs the RICS Dispute Resolution Services, which is the largest provider of ADR services, offering guidance and various dispute resolution services.
How do you decide which ADR to use?
The decision is stated in the complaints handling procedure, Terms of Engagement, or specified on the lease.
What are the three types of conflict and what do they involve?
Party conflict- relating to work on the same or related instruction for two different parties
Own interest conflict- relating to a personal interest
Confidential Information conflict- relating to work between two parties which is confidential
Name RICS guidance on conflict avoidance?
RICS practice information Conflict avoidance and dispute resolution in construction 1st edition 2012
What is Adjudication?
Adjudication involves a third party reviewing a case and making an enforceable decision within a strict 28-day timescale.
What is arbitration?
Involves the parties agreeing to refer the dispute to a third party and agree to be bound by the arbitrator’s decision. A lawsuit without going to court.
Arbitration Act 1996
What is mediation?
Mediation is a confidential process where a neutral party facilitates negotiations between the parties; it is not binding.
What is negotiation?
Process of getting parties together with a view to reconcile differences and establish areas of agreement, settlement or compromise
What is conciliation?
Conciliation is similar to mediation, but a conciliator expresses their opinion and creates a settlement proposal.
What is Litigation?
Litigation is the resolution of disputes in public courts following statutory procedures.
Difference between an independent expert and arbitrator?
IE can make their own investigations and use their own knowledge of a subject to help them to reach their conclusion
A reaches their decision based on the information submitted to them by the parties involved
At VT how do you distinguish between your roles?
At any time you are giving your opinion on evidence submitted you are acting as an expert witness as you are giving your expert opinion.
Any time you are explaining the basis of the appeal or talking generally about the appeal you are acting as an advocate, representing the VO.
You will state when you acting as either EW or Advocate
At VT you were acting as EW & A - is this usual and what would you do in private practice?
Not unusual when working for the VOA. V
VOs are experts in valuation but also have a duty of care to maintain a fair and accurate rating list.
In private practice it is difficult to act as both an advocate and expert witness as an advocate would usually be paid depending on the success of the case - this would prevent impartiality required from an expert witness
What is an expert witness?
Surveyor is obliged to put down his opinion
Must not omit any evidence
Must be impartial
Duty to the court
Contingency fees not allowed except when undertaking a dual role
What does RICS Practice Statement Surveyors Acting as Expert Witness 2020 state?
It states the duty of care to the court, need for conflict-of-interest check, requirement for written Terms of Engagement, unbiased advice, stating facts and assumptions, prohibition on conditional fee basis, and inspection requirements.
What is an Advocate?
Represents the client
Able to put forward arguments and conclusions with which they might not agree
What does RICS Professional Statement Surveyors Acting as Advocate 2017 state?
It states the obligation to act in the best interests of the client, only in areas of expertise, confirming instructions in writing, not mis-stating facts, and maintaining judicial integrity.
How can you avoid conflict or disputes before they occur?
Risk management
Early management signs
Partnering and alliance techniques
How can risk management help avoid disputes?
Identify risks, allocate risk to the party best able to deal with it and manage the risk
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Valuation178
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Capital Taxation90
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Local Taxation126
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Inspection113
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Measurement59
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Ethics, Rules of Conduct & Professionalism146
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Data Management110
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Health & Safety44
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Conflict Avoidance29
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Valuation Examples5
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Capital Taxation Examples18
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Inspection Examples7
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Measurement Examples2
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Case Study Questions117
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Local Taxation Examples10
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Ethics Example5
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Sustainability EB81
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Client Care65
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Diversity, Inclusion and Teamworking58
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Accounting Principles55
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Communication and Negotiation21
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Business Planning45
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Conflict Avoidance COPY47
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Sustainability COPY28
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