Property and construction transactions are a common and necessary part of industrial, commercial and domestic business. Surveyors need to be competent in the techniques of conflict avoidance and management to ensure that clients receive value for money.
Introduction
The property and construction industries in which chartered surveyors operate are dynamic and competitive environments. It is often said that in such commercial atmospheres conflict is inevitable, indeed conflict is a necessary part of the competition of commercialism. Without competition and conflict the dangers of price-fixing and cartels, or monopoly abuse are real and dangerous. Disputes are an altogether different matter. Disputes are time consuming, expensive and unpleasant, they can destroy client/supplier relationships.
Disputes can add substantially to the cost of any deal or project, as well as nullifying some or all of its benefits or advantages. Disputes can also impact on the achievement of value for money. It is in everyone's interest to work at avoiding disputes in the first place and this is often facilitated by the involvement of a professional chartered surveyor. Indeed, advice from a chartered surveyor is perhaps one of the reasons why, in the property and construction industries, healthy competition and conflict develops into relatively few formal and disruptive disputes.
Disputes will inevitably arise and surveyors need to be competent in the techniques of dispute resolution. The faculty is proud of the role of surveyors in facilitating effective conflict management and dispute resolution and this sheet outlines how the faculty provides for the needs of surveyors through education and training.
Education
The faculty influences surveyor's education through guidance on and accreditation of undergraduate and postgraduate courses at Universities.
Undergraduate
All undergraduate courses in surveying subjects, for example: Building Surveying, Quantity Surveying and Estate Management are guided by RICS for accreditation and have traditionally included substantial areas of conflict management and dispute resolution via law and legal studies.
Postgraduate
While all surveyors might be expected to use their skills of conflict management in their professional activities, dispute resolution is often the realm of experienced and eminent surveyors. As a result, postgraduate courses have developed to serve the needs of surveyors working, or aspiring to work, in the field.
Training
After graduation, surveyors work towards achieving either chartered or technical status via Assessment of Professional Competence (APC) or Assessment of Technical Competence (ATC). To become either a chartered or technical surveyor candidates must be assessed as competent to practice, and candidates work towards this by following detailed competencies. The APC/ATC has been reviewed and as part of this process a greater emphasis has been placed on dispute resolution within the mandatory and optional competencies.
All routes to RICS membership require candidates to satisfy a number of mandatory competencies. One of the mandatory competencies is outlined below. (This also forms Level one of the Optional Competency entitled 'Conflict avoidance, management and dispute resolution techniques'):
Level one
Demonstrate knowledge and understanding of the techniques for conflict avoidance and management, (in particular by appropriate procurement, management and drafting); conflict management and dispute resolution including; negotiation; mediation and conciliation; adjudication; arbitration; independent expert determination and litigation (dispute resolution procedures).
If candidates have a greater involvement in the area of dispute resolution, they can take the Optional Competency entitled 'Conflict avoidance, management and dispute resolution procedures'. Levels two and three of this competency is set out below:
Level two
Demonstrate knowledge and/or involvement with:
a) the relevant law governing conflict avoidance and management, and dispute resolution procedures;
b) the practice and procedure of conflict management and dispute resolution;
c) the relevant law governing evidence of fact and expert evidence and the practice and procedures adopted by surveyors in the role of either advocate or expert witness.
Level three
Demonstrate a thorough understanding of the law governing conflict avoidance and management, and dispute resolution procedures. Give reasoned advice and support to clients concerning the different dispute resolution procedures having reference to their particular circumstances.
The Future
The faculty is proud of the role of chartered surveyors in conflict management and dispute resolution, indeed the expertise of surveyors in conflict management is instrumental in ensuring that relatively few formal disputes occur. When disputes are unavoidable, the dispute management and dispute resolution skills of surveyors ensure that disruption and expense are minimised. Other faculties have evolved chartered status to reflect the skills of faculty members; the faculty has considered this issue and debate continues.
