How can conflicts arise?
From unclear contracts, poor communication and inadequate record keeping
What does informal resolution include?
Early negotiation, without prejudice discussions
What is the collective name for formal dispute resolution?
Alternative dispute resolution
Mediation…..
Voluntary and confidential process, facilitated by an independent third party who assist the parties in reaching a mutually acceptable settlement
Arbitration…..
Governed by the Arbitration Act 1996 is formal. An arbitrator can make a binding decision
Adjudication…..
A fast, interim dispute resolution process in which an independent third party (the adjudicator) makes a binding decision on a dispute, usually within a short, fixed timeframe
Give examples of common causes of disputes
Non-payment or late payment
Valuations not being at the expected level
Variation from original scope of works
Verbal vs written instructions
Delays in completion of work
Defective work/quality issue
Poorly drafted or unclear contracts
How does risk management contribute to dispute avoidance?
Early identification of risks / Clear risk allocation / improved contract clarity / better planning and control / enhanced communications / early warning and mitigation.
Risk management contributes to dispute avoidance by identifying, allocating, and mitigating risks early, improving clarity, communication, and control, thereby reducing uncertainty and the likelihood of claims.
What is the role of effective communication and negotiation?
Effective communication ensures clarity, early issue identification, and transparency, while negotiation enables quick, flexible, and collaborative resolution—together helping to avoid escalation into formal disputes.
What are the advantanges and disadvantages of ADR procedures and their statutory and/or non-statutory legal/judicial context
ADR offers faster, cost-effective, flexible, and confidential dispute resolution, helping preserve relationships. However, it may lack finality, can be non-binding, and sometimes leads to duplication or limited appeal rights. In the UK, adjudication is statutory under the Housing Grants, Construction and Regeneration Act 1996, while mediation, arbitration, and negotiation are generally non-statutory but supported by the courts.
Mediation and conciliation….
Mediation is a voluntary, confidential process where an independent third party (the mediator) facilitates negotiations between parties to help them reach a mutually acceptable agreement.
Conciliation is similar to mediation but involves a more proactive third party (the conciliator), who may suggest solutions or settlement terms.
Dispute Resolution Boards
Independent panels of experts appointed at the start of a project to help prevent disputes and, if necessary, provide recommendations or decisions on issues as they arise.
Dispute Resolution Advisors
An independent individual appointed at the outset of a project to assist the parties in avoiding disputes and, where disputes arise, to help resolve them at an early stage using appropriate ADR techniques.
Adjudication
A fast, interim dispute resolution process in which an independent third party (the adjudicator) makes a binding decision on a dispute, usually within a short, fixed timeframe
Independent Expert Witness
A suitably qualified and experienced professional who provides impartial, objective opinion evidence to a tribunal (such as a court, arbitrator, or adjudicator) on matters within their expertise.
Arbitration
A formal dispute resolution process in which the parties agree to refer a dispute to an independent third party (the arbitrator), who makes a binding decision.
Arbitration is a formal ADR process where an independent arbitrator makes a final and binding decision on a dispute, offering a private and flexible alternative to litigation under the Arbitration Act 1996.
Arbitration Act 1996
What is a conflict?
When do disputes arise in your role?
What can you do if negotiations break down?
A structured escalation to other dispute resolution methods rather than immediately resorting to court action
What is a conflict of interest?
A conflict of interest is a situation where competing personal or professional interests could impair a member’s ability to act in the best interests of a client, whether the conflict is actual, potential, or perceived.
What do the RICS Rules of Conduct say about Conflicts of interest?
Avoid conflicts of interest where possible and manage them transparently where unavoidable
You must not accept or continue an instruction if: your duty to one client conflicts with another client. Your personal interests conflict with your professional duties
Identify conflicts early
Have systems in place to detect conflicts before taking on work
Continuously monitor for conflicts during the instruction
Disclose conflicts clearly and promptly
Obtain informed consent
What RICS guidance relates to rural arbitration?
RICS Practice Note: Arbitration of Agricultural Disputes in England and Wales
