header-logo header-logo

14 August 2013 / Martin Burns
Issue: 7573 / Categories: Features , Profession , ADR
printer mail-detail

Shades of grey

istock_000003104233medium

Martin Burns offers a guide to identifying conflicts of interest in dispute resolution

When RICS appoints a third party to resolve a dispute we must take care to ensure the appointee is appropriately qualified to discharge the role, and has no conflicts of interest. But how do we decide if someone is conflicted?

Black v white

Life would be much easier if we had a list of every possible situation that could arise and labelled each as either “black” to indicate something is a conflict, or “white” to indicate it is not.

Those who like to keep things simple may be heartened to learn that I actually believe the subject of conflicts is indeed about black and white situations. Less pleasing perhaps is the reality that black and white situations are tiny in number when compared to those that are shades of grey.

For me, black indicates a tiny number of situations where it is obvious and undeniable that a conflict exists, and anyone would recognise this. White represents a tiny number

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll