Document downloads - Mediation
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Surveyors acting as expert witnesses
Published April 2014
Effective from 2 July 2014
Reissued February 2023
Surveyors acting as expert witnesses, 4th edition, applies to surveyors when providing expert evidence, whether oral or written, before a range of courts and tribunals in the UK,
The practice statement sets out the mandatory duties of a surveyor in providing evidence, while the guidance note provides further information on good practice, including: the need for clear instructions and terms of engagement; fees; guidance on what to do in situations of conflict of interest; an outline of the written report format; clarification of the differences between the roles of expert witness and advocate; and the immunity of the expert witness.
A stand-alone electronic version of this practice statement (without the guidance note) is also available for potential use with clients in connection with the particular requirement of PS 3.3.
This document was amended in February 2023 to remove wording from PS10 and GN19 which could be read as prohibiting expert witnesses from taking instructions from solicitors who are engaged on a conditional fee, even if the expert is instructed on an unconditional fee basis. This was not the intention of RICS and has therefore been amended for clarity. -
Mediation agreement template
This is a template agreement between two parties to enter into mediation. Mediation is an alternative method of dispute resolution. Mediation can be used as an additional tool to those currently available in a whole variety of surveying contexts; for example disputes about construction, landlord and tenant, rights of light, boundaries, valuation, compulsory purchase orders and in the planning system.
The template is available from the RICS Dispute Resolution Service. -
Settlement agreement template
Where parties to a negotiation or ADR procedure come to a settlement, they should record its terms in a settlement agreement. This agreement is formal evidence that the parties have concluded terms of settlement. It avoids potential disputes as to the contents of any 'without prejudice' discussions and the terms of any agreement reached.
Mediators are not encouraged to participate in drafting the settlement agreement. This is even more true of the RICS Accredited Mediator who may not have a legal background, even though he or she may be experienced in the type of dispute being mediated.
Where parties have legal representation their lawyer should draft the agreement. If that is not the case they should aim to settle the agreement themselves, at least as heads of agreement, and have a lawyer provide additional details as necessary.
The template is available from the RICS Dispute Resolution Service. -
Conflicts of interest for members acting as dispute resolvers (UK)
Published November 2020
Effective from 1 February 2021
Reissued October 2022
This professional standard covers the appointment of surveyors as arbitrators, independent experts, mediators, adjudicators, and other dispute resolvers.
Surveyors may be appointed as dispute resolvers either by private agreement between the parties in dispute, or via RICS or other formal appointing parties, such as the Law Society or the Chartered Institute of Arbitrators (CIArb).
The aim of this second edition professional standard is to provide advice on dealing with possible conflicts of interest for surveyors who are appointed to resolve disputes. It also helps all parties involved in a dispute to understand the main principles and considerations, and to be aware of when an involvement may develop into a conflict of interest.
This document was reissued in October 2022 as a professional standard. It had previously been published in November 2020 as a guidance note. The regulatory requirements remain the same and no material changes have been made to the document. -
Mediation (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
This guidance note is intended for surveyors advising clients in relation to a dispute and gives guidance on when mediation should be considered, how it works, the benefits of mediating over litigating, and the consequences if parties do not mediate. -
Conflicts of interest – global
Published March 2017
Effective from 1 January 2018
Reissued July 2023
The global professional standard on conflicts of interest provides clear rules for RICS members and regulated firms to identify and manage potential conflicts of interest.
Effective identification and management of conflicts of interest is an essential component of professionalism. The professional standard provides confidence to clients and consumers that RICS members and regulated firms are operating to the highest ethical standards.
Following extensive industry consultation and feedback, RICS developed this professional standard to provide clarification on:
- competing bidders
- effective date/transition
- conflicts arising during professional assignments
- passing confidential information to insurers and legal advisers.
The conflicts of interest professional standard, which supports the RICS Rules of Conduct, places an overarching mandatory requirement on all RICS members and regulated firms and specifies RICS’ expectations of how compliance with the Rules of Conduct should be achieved.
This document was reissued in July 2023 as a professional standard. It had previously been published in March 2017 as a guidance note. No material changes have been made to the document.