The RICS APC Conflict Avoidance, Management and Dispute Resolution Procedures competency tests whether you understand the full range of mechanisms available to resolve a dispute and can advise clients appropriately. Surveyors encounter disputes regularly — from contested final accounts to defects claims — and you need to know which tool fits which situation.

Avoiding Disputes First

Good practice demands that you try to prevent disputes arising at all. Key avoidance tools include:

  • Clear contract drafting — precise scope, unambiguous payment provisions and defined change control reduce the scope for later disagreement.
  • Early warning notices — standard in NEC contracts, these require parties to flag emerging issues before they escalate into claims.
  • Partnering and collaborative working — regular progress meetings and shared risk registers build the communication habits that defuse tension early.

When avoidance fails, the parties move along what is commonly called the ADR spectrum: negotiation > mediation > adjudication > arbitration > litigation.

Mediation

Mediation is a voluntary, confidential and non-binding process in which an independent facilitator helps the parties reach their own negotiated settlement. The mediator does not decide the outcome; they manage the process, hold private sessions with each side and test the strength of each party's position.

Key characteristics:

  • Voluntary and non-binding — either party can withdraw at any time; if settlement is reached, it is recorded in a binding agreement signed by the parties.
  • Confidential — without-prejudice privilege applies; nothing said in mediation can be used in later proceedings.
  • Cost and timescale — a typical construction mediation takes one day, with mediator fees far lower than arbitration or litigation.
  • When appropriate — where there is an ongoing commercial relationship worth preserving, where the dispute has multiple issues that can be traded off, or where a quick private resolution is the priority.

The RICS Dispute Resolution Service (DRS) can appoint mediators and administers specialist mediation schemes.