Conflict avoidance, management and dispute resolution is a mandatory technical competency on the APC, taken by building surveying candidates.
In the RICS Pathway guide for Building Surveying, the competency is defined as one that ‘covers the recognition, avoidance, management and resolution of disputes, involving an awareness of different dispute resolution processes and an understanding of the application of dispute resolution procedures appropriate to the area and jurisdiction of professional practice’.
APC candidates can take this competency up to Level 2. At the two levels, the requirements are as follows.
- At Level 1, candidates need to show that they understand how to avoid and manage conflict, and the various alternative dispute resolution (ADR) procedures available.
- At Level 2, candidates need to show practical application and experience of conflict avoidance, conflict management or the use of appropriate ADR procedures.
Dispute avoidance and management must be understood at Level 1
At Level 1, candidates should be aware of key areas of knowledge, including the relevant legislation and regulations. This means that they need to know about:
- the common causes of disputes, such as unclear contracts or misunderstandings
- the techniques used to avoid disputes, such as risk management, early warning systems, partnering and clear client briefings
- the relationships between negotiation and communication theories and how these are relevant to dispute avoidance and management
- negotiation, mediation and adjudication – the three pillars of dispute resolution – as outlined in the current edition of RICS' Conflict avoidance and dispute resolution in construction
- various ADR procedures, such as mediation, conciliation, adjudication, arbitration, expert determination, dispute resolution boards (DRBs) and dispute resolution advisers (DRAs)
- the benefits of ADR over litigation in court
- how various forms of contract deal with dispute resolution
- key legislation, including the Arbitration Act 1996 – as amended and updated by the new Arbitration Act 2025 – and Housing Grants, Construction and Regeneration Act 1996
- the role of the expert witness and advocate – including the differences between them and when each role might be adopted – covered in the current editions of RICS’ Surveyors acting as expert witnesses and Surveyors acting as advocates
- the role of the RICS Dispute Resolution Service (DRS) in appointing third-party DRAs
- civil procedure rules and pre-action protocol
- conflicts of interest, covered in the current edition of RICS' Conflicts of interest and the Conflict Avoidance Pledge.
Examples of knowledge at Level 2
At Level 2, candidates need to demonstrate that they can use the knowledge they have acquired at Level 1. Typical examples at Level 2 include:
- adopting, or encouraging a client to adopt, a suitable dispute avoidance technique, such as an early warning system or partnering
- negotiating on behalf of a client, for example in relation to performance failure, unavailability, contract variations, contract interpretations or payment – prior to a third-party referral
- assisting in the preparation of a claim, counter-claim or submission as an expert witness to a tribunal or court
- assisting in the identification, gathering and collation of facts and expert evidence for use in an expert witness report
- compiling evidence for use in dispute resolution procedures and
- direct experience of conflict avoidance, management and dispute resolution procedures. These include mediation, adjudication, arbitration, expert determination and DRBs.
Assessment question
The candidate's roles and responsibilities relating to conflict avoidance, management and dispute resolution for a variety of projects should be conveyed in a clear statement of their knowledge at Level 1.
If candidates are taking this competency to a higher level, they will need two to three practical examples at level 2. These need to be written in the past tense and the first person.
If this competency is taken to level 2 as an optional technical competency, two or three specific, practical examples will be required. These need to be written in the past tense and the first person.
Elements of this competency can also be included in the candidate’s case study, and they can cover any relevant knowledge acquired in their CPD record as well.
Candidates will need to be ready to address questions on their examples and knowledge in their final assessment interview. Actual questions for the final assessment will be based on their experience, which will start at Level 2 and focus specifically on the examples that they have put forward.
A sample Level 2 question and follow-on answer, which candidates can adapt to their specific circumstances, are given below. Remember, candidates will need to ensure that their answer reflects their own experience and demonstrates that they have given reasoned advice. Candidates should think logically about the measures they took, and the rationale for what they advised.
Q: You have included an example at Level 2 relating to dispute avoidance for a JCT Minor Works contract at Odd Down Retail Park, Bath. Explain the key steps that you took to avoid dispute in relation to this contract.
A: From my experience, disputes can be avoided by ensuring that clear and comprehensive contract documentation is in place, in this case a JCT Minor Works contract. A standard, industry-recognised form of contract, such as the JCT Minor Works, can help avoid disputes in the first place by having pre-agreed terms and conditions that are generally accepted as fair for all parties involved in the contract.
I took dispute avoidance into account when preparing the tendering documents and the contract documentation.
I ensured that the tender included all of the technical works-related documents and contract details. The granular detail included the exact description and edition of the contract, and the full text of all ancillary documents. This avoided any scope for misunderstandings or disputes to arise during the tender process.
I assisted in the preparation of a clear and concise contract. It was signed as soon as it was practically possible after my client decided to appoint their chosen contractor. I included a full and complete description of the work, with a full specification and drawings.
Once the contract was signed by all parties, I ensured that a complete copy was held on file so that it could be referred to in the event of future disputes arising.
I promoted collaborative working in the project, through a non-binding partnering charter. This was based on building open communication and minimising conflict throughout the contract. A key step in this arrangement was a partnering workshop at the outset. This provided an opportunity for key stakeholders to open and agree lines of communication, understand processes and the programme, and to agree how they could co-operate best within the project.
The author would like to thank Adam Henderson MRICS, an associate at Rohan Short, for assistance in producing this article.
'Candidates will need to be ready to address questions on their examples and knowledge in their final assessment interview'
Jen Lemen FRICS is a co-founder and partner at Property Elite
Contact Jen: Email
Related competencies include: Client care, Communication and negotiation, Conflict avoidance, management and dispute resolution procedures