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RICS official definition

This competency must be achieved at least to Level 1.

At Level 1
Demonstrate knowledge and understanding of the techniques for conflict avoidance, conflict
management and dispute resolution procedures including for example adjudication and
arbitration, appropriate to your pathway.

At Level 2
Provide evidence of practical application in your area of practice having regard to the relevant
law.

At Level 3
Provide evidence of the application of the above in the context of advising clients in the various
circumstances referred to above.

isurv recommended reading and services

Commentary

- Adjudication in isurv Construction

- Arbitration in isurv Construction
- Dispute resolution in isurv Professional Conduct
- Expert witness in isurv Construction
- How to deal with complaints in isurv Residential
- Litigation in isurv Construction ???????
- Negotiating construction disputes in isurv Construction ???????
- Rating disputes in isurv Valuation

Features

- Contracts: collaboration and communication

- Dilapidations: negotiation advice
- Negotiation and construction: improving skills and upholding ethics

RICS professional guidance

- Conflict avoidance and dispute resolution in construction , RICS guidance note

- Surveyors acting as adjudicators in the construction industry , RICS guidance note
- Surveyors acting as arbitrators in construction disputes , RICS guidance note
- Surveyors acting as expert witnesses , RICS guidance note

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Practical guidance

The 'ingredients' of this competency will vary greatly between the various pathways. In
commercial practice, for example, landlord and tenant matters will be fairly common, while in
construction, this competency will be present everyday in managing building contracts. Indeed,
in the construction pathway (Quantity surveying and Construction), this becomes a optional
competency to Level 2, with requirements based around procurement and the drafting of terms
and conditions of leases, contracts and agreements.

In basic terms, and across all pathways, it is important that you understand how to conduct
negotiations, and also the various options available should negotiations break down, working
through mediation and conciliation, adjudication, arbitration, independent expert determination,
and, finally, litigation.

You may be encouraged to sit in on negotiations at your firm from an early stage in your
career. Also you will benefit from some formal training on this and other aspects of dispute
resolution, covering the preparation of evidence, case law, approaches and tactics. It is
reasonably likely that by the time you reach the final assessment, you will have had practical
experience of running your own negotiations, or participating in other dispute resolution
procedures, and will thus be able to discuss this. As part of your training plan ensure that you
make steady progress towards this end.

There are also many texts available on this subject. To get started, the following RICS
guidance notes and practice statements are useful documents:

- Surveyors acting as arbitrators and as independent experts in commercial property

rent reviews ;
- Surveyors acting as adjudicators in the construction industry ;
- Surveyors acting as expert witnesses ; and
- Surveyors acting as advocates .

All of these publications are also available in hardcopy from RICS Books .

Mediation

Mediation is the name given to a confidential process whereby parties to a dispute invite a
neutral individual to facilitate negotiations between them with a view to achieving a resolution
of their dispute.

Arbitration

An arbitration is a legal proceeding under the Arbitration Acts and the arbitrator reaches a
decision on the basis of evidence put before him or her sometimes at a formal hearing. The
arbitrator can call for discovery of documents and interprets the evidence. The arbitrator's
decision is enforceable as if it were a judgment of the court. Although the arbitrator is not liable
for negligence the court can set the judgment aside on the grounds of misconduct.

Independent expert

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An independent expert is appointed jointly by the two parties to give an expert opinion on the
matter to be decided. The expert may have regard to evidence submitted or may have a
hearing and adopt what they consider to be the most appropriate procedure. The expert's
decision is not enforceable directly by the courts and they are liable for action for negligence.

The RICS Disputes Resolution Professional Group website provides some really good
guidance in this area.

For this competency you should also ensure that you are aware of the RICS requirements
regarding complaints handling.

In addition, don't forget CPD-type lectures or training that may be available in your firm, or
externally.

Testing areas of knowledge

Key areas of knowledge include:

- when do disputes arise in your pathway?;

- how do you conduct negotiations?;
- what can you do if negotiations break down?;
- what are the methods of dispute resolution available to you?:
- mediation;
- adjudication;
- arbitration;
- independent expert; and
- litigation;

- the difference between the types of dispute resolution;

- specific dispute resolution procedures for your pathway, for example, Professional
Arbitration on Court Terms (PACT) for lease renewals – commercial and
valuation pathways;
- the difference between arbitration and independent expert
- the role of RICS in dispute resolution:
- guidance notes;
- training; and
- appointment of arbitrators.

Consider the following questions and what should be included in answering them.

What do you understand to be the difference between an arbitrator

and an independent expert?

An arbitration is a legal proceeding and the arbitrator reaches a decision on the basis of
evidence put before him/her, sometimes at a formal hearing. An independent expert is jointly
appointed by the parties and carries out the work in the usual way in order to give an expert
opinion.

The arbitrator’s decision is enforceable as if it were a judgment of the court. Although

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the arbitrator is not liable for negligence the court can set the judgment aside on the grounds
of misconduct. An independent expert’s decision is not enforceable directly by the
courts and they are not liable for negligence.

What types of dispute have you come across in your experience and
how have these been resolved?

Answers to this type of question do not have to relate to formal dispute resolution procedures
and you could take a situation from your workplace or with contractors or clients that you have
resolved by negotiation. Follow on questions may ask you to explain what the next step would
have been had you not been successful in your negotiation.

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