evelynolivares.com.au · Web viewThe human condition has shown that men and women are filled with intrapersonal and interpersonal conflict in their daily lives (Morris et al., 2004)

<<<<<<<<Manage Conflict & Disputes in the Property Industry>>>>>>>>

1

Manage Conflict and Disputes in the Property Industry

CPPDSM4056A

Image Source: www.freedigitialphotos.net

© Evelyn Olivares [email protected] www.EvelynOlivares.com.au


2

Elements and Performance CriteriaELEMENT PERFORMANCE CRITERIA

1 Assess conflict or dispute. 1.1 Conflict or dispute is identified and responses are evaluated according to organisational and legislative requirements.

1.2 Causes of conflict or dispute are recognised and appropriate responses to prevent escalation are identified according to organisational procedures.

1.3 Effective observation and active listening skills are used to elicit and interpret verbal and non-verbal information.

1.4 Effective communication techniques are used to ensure an accurate exchange of information.

1.5 Situations requiring specialist advice are identified and assistance is sought as required according to organisational requirements.

2 Negotiate resolution. 2.1 Conflict or dispute is negotiated and resolved constructively using strategies that comply with established organisational procedures.

2.2 Negotiation techniques are used to maintain positive interaction, and divert and minimise aggressive behaviour.

2.3 Communication with others is conducted in a courteous manner that reflects sensitivity to individual, social and cultural differences according to organisational requirements.

2.4 Contradictions, ambiguity, uncertainty or misunderstandings are identified and clarified according to organisational procedures.

2.5 Factors that might impact on the safety or security of clients and colleagues are identified and appropriate responses or contingency measures are formulated and implemented.

3 Evaluate response. 3.1 Effectiveness of response is evaluated and reviewed according to legislative and organisational requirements.

3.2 Response evaluation findings are organised in a format suitable for analysis according to organisational requirements.

3.3 Incident observations are provided in an accurate, concise and constructive manner when reviewing and debriefing situations.

3.4 Business equipment and technology are used to prepare records and reports according to applicable OHS, legislative and organisational requirements.

3.5 Information is securely maintained with due regard to confidentiality, and legislative and organisational requirements.



3

1.1 Conflict or dispute is identified and responses are evaluated according to organisational and legislative requirements.

What is conflict or dispute?

Gauguin said that, “A compromise is the art of dividing a cake in such a way that everyone believes that he has got the biggest piece.” But what if someone wants the whole cake? What is the difference between dispute and conflict?

The human condition has shown that men and women are filled with intrapersonal and interpersonal conflict in their daily lives (Morris et al., 2004). In order to examine why conflict and disputes exist, it is necessary to define the difference between the often-interchangeable terms. According to John Burton (1990), a dispute is a short-term disagreement that can result in the disputants reaching some sort of resolution; it involves issues that are negotiable. Conflict, in contrast, is long-term with deeply rooted issues that are seen as “non-negotiable” (1990). So what is the difference, or at least how is it measured in terms that we can see on a daily basis?

The idea of “non-negotiable” originally stems from Maslow’s (1943) hierarchy of needs without which one cannot live and sustain life.

The sustainability of life is something that can be measured in degrees, from food and water, to community and belongingness (1943).

Something that is non-negotiable is set within the mind and the process of changing such thoughts is difficult, if not impossible. The distinction is that reason and communication do not always address the issues present within a conflict, but will generally work towards alleviating many disputes. The principal idea is that if left unchecked and unexplained, a dispute can easily turn into a conflict. But conflicts rarely revert to disputes without intervention (Burton. 1990).

An example of negotiable versus non-negotiable distinctions can be found in common purchases that often require negotiation such as a car or home. In these situations, the parties can be seen as in dispute about the price of the item; however, they can come to an overall understanding of a compromised position. Other such disputes could be over a person’s estate after the passing of a family member. Siblings or other relatives may take an entrenched position on a particular issue and “dig in their heels.” In these scenarios the parties involved, while argumentative and adamant about their particular position, can eventually come to



4

a resolution. However, when multiple disputes and arguments are left to fester the result can often lead to conflict (1990).

Within the nature of a conflict, as indicated by Burton (1990), each side is fundamentally opposed to the success of the other and will not compromise their own values at the risk of allowing those they despise to achieve even the slightest victory. A prime example of such a conflict is the control of the Dome of The Rock in Jerusalem. One side believes it to be the sacred place of Abraham and the Jewish people whereas the opposing side contests that it is the place where Mohamed ascended into the heavens and therefore is a holy and sacred Islamic place. Moreover, the understanding that both scenarios and traditions do not have to be mutually exclusive adds further contempt. Since the rock is now in the control of the Muslim people they are reluctant to give control back to the Jewish people because the Jewish people would not allow the Muslims to worship the way they believe is their right. Thus the same obstinacy holds true now that the Muslims maintain control. If one were to examine this specific conflict, it is easy to see how there can be such a distinction between conflict and dispute.

Many different areas of study have been focused on the nature of conflict and dispute (Malley-Morrison & Castanheira, 2009). However, due to the constant interchanging of the terms, many of the studies have substituted conflict for dispute and dispute for conflict. When discussing mediation, researchers often are able to extract meaning from both sides in order to validate a particular point of view. To this end, a mediator should understand that the dissection of conflict styles can help assist in mediated practices, but that dispute resolution techniques may be too pedestrian for major conflicts. Proficiency in both fields will help hone a mediator’s skills and ultimately produce higher rates of settlement.

So often in our industry if we are dealing with the public we may be dealing with a dispute, rather than a conflict, however the skills that we will need to solve the problem, in such a manner that everybody is happy, will require knowledge that we have gained from both dispute resolution and conflict negotiations. That means we are in a difficult situation, as we must mediate between parties, and ensure that we are not only assisting both parties, but that we are also adhering to relevant laws and legislations that have been set out not only by governing bodies, but also by our own organisation.

Working in real estate one must always consider the legalities of any conflict or dispute that arises. In order to solve a conflict or dispute that may come about from a legal perspective, you must carefully consider and understand the laws and organisational laws that will govern us when dealing with the conflict. (See the legislative section at the end of this guide).



5

What are the requirements I need to consider in terms of my company or organization?

Let us have a look now at the requirements that we may need to consider from an organizational standpoint. We will look at some of the most important areas, but we are by no means looking at all areas that you will need to consider.

We will look at some of the most relevant areas, and discuss where you might find information relating to these as well as how these will help you in managing a conflict or dispute.

All organizational policies and procedures must follow legislative requirements, if you do not feel that this is the case, you should contact the relevant authority (this may be Work cover, or Fair Trading) depending on the area that is being covered. When you first join an organization most of these organizational procedure should be explained to you in an employee handbook. If they were not explained to you should ask for the employee handbook so that you are aware of your organizations requirements.

Access and equity principles and practice guidelines Business and performance plans Complaint and dispute resolution procedures Goals, objectives, plans, systems and processes Legal and ethical requirements and codes of practice Mission statements and strategic plans OHS policies, procedures and programs Policies and procedures in relation to client service Quality and continuous improvement processes and

standards Quality assurance and procedure manuals.



6

Activity One

Can you think of three daily conflicts that may occur in a real estate agency? If you can what where would you go to get advice in terms of what your organization expects, in terms of dealing with the conflict?

Conflict Why might this conflict occur

Where can you find the organizations advice

1.2 Causes of conflict or dispute are recognized and appropriate responses to prevent escalation are identified according to organizational procedures.

In what areas can conflict or dispute occur?

There are three areas that overlap, when considering where disputes or conflicts can occur; these are the external environment, our real estate agency, as well as people or personalities.

When we are responding to a dispute or conflict, it is vital that we understand what is causing the dispute or conflict, keeping in mind that the most obvious reason will only sometimes, be the true cause of the conflict.

What causes conflict?

According to Bell and Hart (2000, 2002) the eight causes of conflict are:http://www.slideshare.net/ccmounteer/causes-of-conflict-general

1. Conflicting resources.This refers to the need to access certain materials, In order to complete your work; this might be stationary supplies or a meeting room. When there are limited resources, or perceived injustices in the distribution on resources then conflict or disputes can occur.

2. Conflicting styles.


http://www.slideshare.net/ccmounteer/causes-of-conflict-general


7

This refers to you personal work style, you may be a person who finishes everything at the last minute, or you may be an organised person. Difference in wok styles can cause conflicts for a variety of reasons.

3. Conflicting perceptions.This refers to how we see the world and the conflicts that arise because people will see the world through a different lens.

4. Conflicting goals.This occurs when we have several goals, these may be set by staff or by managers or even clients but they may not be compatible.

5. Conflicting pressures.This is similar to conflicting goals but the urgency is greater.

6. Conflicting roles.In our day-to-day work, we have a variety of set roles that we are familiar with, but conflicts can occur when we have to perform roles outside our normal role or that we are not comfortable with.

7. Different personal values.People will have different values or morals, and what they consider is correct and incorrect, these may be religious or simply personal values.Conflict of values can happen when we are asked to perform tasks that conflict with our personal beliefs.

8. Unpredictable policies.The policies and procedures in our workplace guide how we behave and the responses that we can expect if we go against these policies and procedures.Conflict or disputes can happen when policies or procedures change and this is not properly communicated or if policies are applied inconsistently

While the above encompass a large area where conflicts can possibly occur, there are a few more areas that we need to consider.

Incomplete information This is where conflict or disputes occur, due to missing information. This can because information is misheard, omitted or simply lacking.

Relationships© Evelyn Olivares [email protected] www.EvelynOlivares.com.au


8

This relates to how we interact with others and how we feel about other people. While we have covered this in part, we also need to consider the effect of relationships in more detail.

This area also includes our relationship with ourselves, and our own mental health.

Interests This is very similar to conflicting styles, but we still need to consider that some disputes or conflicts can occur simply because several parties may have different interests, and these can sometimes relate to our styles, often it may simply be a conflict that is created due to the differing interests of various parties.

Hidden Hidden may seem like a strange area of conflict or dispute, but it covers almost all the areas we have covered, but we need to consider it specifically here. Often the cause of a conflict is hidden. This may mean that one or more of the parties involved in the dispute or conflict is not truly projecting the cause of the conflict or dispute. In some cases a party may not even be aware that there is an underlying cause of the dispute or conflict, in other cases parties involved may not feel comfortable revealing the actual causes of dispute or conflict. Some examples include: People may not enjoy their work, but wether may not realise that they are unfulfilled, or they may not feel comfortable revealing this as the cause.

FearFear is often also a cause of conflict or dispute, when people feel threatened or are fearful of a situation, the result can often be conflict or disputes. It is important to be aware that fear can cause disputes or conflicts, as often fear is not recognised or verbalised. Staff may be unsure of a new role and fear making mistakes, causing them to react to situations in a way that may cause disputes, staff may or may not be aware that fear is the underlying cause.

How does this help us?

Now that we are aware of what causes conflict we need to be able to use this and understand why the knowledge of conflict is beneficial to an organisation and managing conflict.

Understanding the cause of conflict allows us to respond when a conflict or dispute occurs in line with our organisational procedures but more importantly understanding the cause of a conflict helps prevent conflict or disputes from © Evelyn Olivares [email protected] www.EvelynOlivares.com.au


9

escalating, as well as allowing us to train our staff in the causes of conflicts, so that conflicts or disputes are minimised, as staff are able to identify areas where conflicts may occur and react accordingly.

Let’s consider how we would respond to each of these causes of conflict or dispute so that we respond in a manner that is inline with our organisational procedures and that prevents or minimise the conflict. We’ll also consider the importance of all of our staff being trained in understanding the cause of a conflict and the procedure to deal with it.

Conflicting resources. Respond within Organisational procedures

Procedures should outline, exactly how resources are to be distributed and managed. This should include information on booking meeting rooms, and ordering stationary, staff should be aware from the start whom they are to contact and how they are to mange their resources.

Minimise or prevent conflict Policies and procedures must be clear, outlining how to access resources and who is in charge.

Staff trainingStaff need to be made aware in induction of how to access resources, but should be reminded over time and of any changes that may have occurred. Staff who understand that frustrations over resources can cause conflicts or disputes, means that staff are more likely to value understanding the polices and procedures as well as understanding why theses policies and procedures exist giving them more respect for them.

Conflicting StylesRespond within Organisational procedures While there are not many organisational procedures that deal specifically with conflicting style, our procedures will outline what is acceptable and expected behaviour. For example we would not allow staff to yell at or berate other staff even if this were their style.

Minimise or prevent conflict One of the best ways to minimise or prevent conflict that arises due to differing styles, is to educate staff about peoples differing styles, understanding that



10

different styles exist and how to approach them, equips staff to deal with one another and clients in a manner, which that person can understand and relate to. One of the most powerful and dynamic coaching tools to use here is The Enneagram. You may find it an excellent idea to do more research on that right now by going to www.evelynolivares.com.au. Imagine waking up one day and having a crystal clear understanding of who you truly are and knowing why you do what you do. How cool would that be? If you’d like to dig deep into changing your ways then you can do so very easily... and it’s just a weekend away. Reshape your landscape with Personal Power, Passion & Purpose. For more details of how you can Conquer your challenges and enhance your negotiation skills swing by www.EvelynOlivares.com.au

Staff trainingIf we have staff that are aware of the different personality types that can occur in the workplace, they are more likely to understand why people are reacting and interacting they way they are. As well as equipping staff with tools, that will help them interact and manage their own style in relation to other sometimes-conflicting styles.

Conflicting Perceptions Respond within Organisational procedures While there are not many organisational procedures that deal specifically with conflicting perception, organisational guidelines will outline, what the organisation perceives as acceptable, furthermore relevant legislation will build a picture of what is acceptable and how society, perceives various situations.

Minimise or prevent conflict Being aware that people may see the world through a different lens, means that we are more likely to ask other people how they perceive the situation, which in itself can stop a conflict or dispute from escalating.

Staff trainingOnce staff understand that there are a range of ways to perceive the world, they are more open to other peoples ideas, and more likely to ask open ended questions (which we will learn about later) that elicit responses, to inform them of how the other people are perceiving the situation.


http://www.EvelynOlivares.com.au/

http://www.evelynolivares.com.au/


11

Conflicting goals Respond within Organisational procedures Our organisational procedure should seek not only to minimise clashes in the goals of staff but also in the amount of people who are able to set goals for staff.

Minimise or prevent conflict Staff who are aware of who is setting their goals and the limitations of these are less likely to be affected by these problems.

Staff trainingStaff who understand the pressure that goals can place on other staff are more likely to make their goals clear, concise and are able to identify when staff members are suffering under the pressure that conflicting goals can cause.

Conflicting pressuresRespond within Organisational procedures

Our organisational procedure should seek not only to minimise clashes in the pressures that staff face but also the time constraints that staff are placed under. Our policies and procedures should have a clear outline of how staff can rectify this situation if it occurs, and where they can seek help.

Minimise or prevent conflict Staff who are aware of the conflict or disputes that can arise, by putting other staff under pressure, are able to ensure that pressure is not so great that problems arise.

Staff trainingStaff who understand the pressure that goals can place on other staff are more likely to make their goals clear, concise and are able to identify when staff members are suffering under the pressure that conflicting goals can cause.

Conflicting rolesRespond within Organisational procedures Our organisational procedure should clearly delineate the roles and responsibilities of staff members, as well as their duties.

Minimise or prevent conflict © Evelyn Olivares [email protected] www.EvelynOlivares.com.au


12

Understanding the duties of a role, can often in itself avoid conflict as uncertainty can often cause conflict.

Staff trainingStaff who are trained in various roles and who receive the correct training are less likely to be worried about a certain role. Furthermore staff who understand that a person in a new role may be uncertain are more likely to help.

Different personal valuesRespond within Organisational procedures All our organisational values as we have seen should consider peoples rights to their beliefs and how we should react when a situation or conflict of values arises.

Minimise or prevent conflict Understanding the importance of values and even receiving some training in common values that a range of people might hold, can prevent or minimise conflict.

Staff trainingStaff should undergo training that investigates the values that people hold, be these religious or otherwise. Often dispute or conflicts arising from conflicts with values are very emotional, so training with these builds familiarity and delicacy when dealing with these and often can help us avoid the conflict altogether.

Unpredictable policiesRespond within Organisational procedures Ideally our policies and procedures will be clear and will outline how and when they are to be implemented

Minimise or prevent conflict Great policies that are well outlined and that are implemented correctly will avoid this conflict altogether

Staff trainingStaff who are trained in this are much better at implementing policies and procedures and can do so consistently.



13

Incomplete informationRespond within Organisational procedures Our organisational procedures should outline the bare minimum of information that is necessary for us to provide, however as we will see there are a range of techniques we can implement that will help us.

Minimise or prevent conflict If staff understand the need to give complete information, they are far less likely to have conflict arising from incomplete information, as they will give complete information that covers all their bases.

Staff trainingStaff should be trained how to give complete and accurate information, understanding where possible conflicts can occur, and understanding how complete information can avoid these conflicts altogether.

Relationships including self-healthRespond within Organisational procedures Polices and procedures should outline the organisations view on relationships both in and outside the workplace, how managers should act, as well as the help and procedures available if you may need them.

Minimise or prevent conflict A clear description of how relationships in the workplace should work are vital in ensuring that all staff are aware of what is acceptable within the workplace.

Staff trainingStaff who are aware of how to handle often complex relationships within the workplace, are able to not only help others but also themselves and avoid conflicts.

HiddenRespond within Organisational procedures While there are not many organisational procedures that deal specifically with hidden causes of conflicts, organisational guidelines will outline, what the organisation perceives as acceptable, furthermore relevant legislation will build a picture of what is acceptable and how society, perceives various situations.



14

Minimise or prevent conflict Understanding that the cause of conflict can be hidden allows people involve to search deeper.

Staff trainingUnderstanding that many of the causes of conflict are hidden below the surface ensures that staff will ask questions and utilise the techniques that we will discuss to ensure that they are getting to the root of the problem.

Activity TwoFor the problem below, can you see what may have caused the conflict? Can you see how it could have prevented? Which piece of legislation and organizational procedure would be relevant for you? Can you add one that you have encountered in the last year?

Activity Two



15

Situation Possible Cause of conflict

Relevant Legislations

Relevant Organizational procedures

Accidents resulting in injury

Arguments and disagreements

Conflict or disputes betweenstaff and members of thepublic

Destruction of property

Ejection of persons

Persons suffering fromemotional distress or mentalillness

Persons under the influence ofintoxicating substances

Persons with criminal intent

Refusal to follow directionsand guidance

Riots and demonstrations

Situations affecting the security of self, others or property.



16



17

1.3 Effective observation and active listening skills are used to elicit

and interpret verbal and non-verbal information.

Another key reason that conflicts arise are breakdowns in communication, the message simply is not getting through. You may be speaking the same language but it seems like everyone is speaking a foreign language. This can happen for a number of reasons, people might be hiding their feelings, people may not want to hear what others are saying, or for cultural reasons, which we will discuss in 2.3. Let us look at some of the key points that can help us avoids this:

1) Listening2) Asking Questions3) Interpreting non verbal cues

Listening and questioning are the keys to not only managing conflict but also minimizing conflict in your workplace. Having employees who are aware of how they communicate and who are able to draw on these communication techniques will mean a much more harmonious working environment.

The Art of Listening

While few would dispute the need for listening to each other, somehow the messages conveyed are not always received as intended. Indeed, there are a host of surveys of business environments where respondents were asked to list their organization’s top problem, and communication is at the top of the list, almost every time.

So why is listening so difficult?

Again in that ideal world, we would all “listen for understanding.” We would pay attention to every word spoken by the other party in the conversation and actively try to understand exactly what they are saying. Unfortunately in the real world, the need to express our own opinions gets in the way of first understanding the point of view of our discussion partner. We all have preconceived ideas about many topics and many of those are cast in concrete. So rather than listen for understanding, we “listen for rebuttal.”

Listening for rebuttal, or combative listening, has become almost a “national pastime” in some countries where proposing the best idea is more important than finding the best idea, regardless of who proposed it. In this context, we listen, not to understand a point of view, but rather to find some bit of information with which we can totally refute the message of the other party and “win” the argument, even if there is no argument!



18

In the kind of collaboration needed for effective negotiation, both parties must listen and understand the point of view of the others. This skill appears to be self evident, but if that is the case, why is lack of communication seen as such a major problem by so many of us, in all aspects of our lives?

Developing the ability to listen for understanding instead of listening for rebuttal will serve you well throughout your entire career. There is a very practical exercise you can try to develop this skill, both for yourself and for your employees, or even your life partner! It’s called the Exercise in Empathy.

Activity 3 This simple exercise is based on the principles of empathetic listening developed by legendary psychotherapist Carl Rogers, the founding father of client centered therapy. Here’s how it works. Person A in the conversation actively listens to the “message” delivered by Person “B”. Once Person B is finished, Person A must then restate the meaning of the message, to the agreement of Person B, that is, Person B must agree that Person A’s restatement matches what Person B actually meant. This is not a matter of a word for word restatement, but rather an understanding of what the words mean.

To some, this sounds like an easy exercise, but when used in many business training programs, participants sometimes go through 4, 5 or more restatements before the listener finally gets the meaning correct. If this sounds silly to you, try it with someone whom you completely trust, but try it. You’ll be surprised at how much you can learn about your own listening skills with this exercise.

The Art of Asking Questions

Collaboration involves not only listening, but asking questions as well. Again, this topic might seem too obvious for discussion since questions and answers are a part of everyday life. But there are different kinds of questions and if the purpose of questioning is to get information, some questions are in fact better than others.

Closed Ended Questions

By the way they are phrased, closed end questions restrict the information you’ll receive from the answer to a few words, and in many cases, to a simple yes or no. For example, “Are you sick today?” is likely to elicit a response like, “No, I feel fine” or even simply “No”. While closed end questions have the obvious advantage of being quick and direct, they don’t contribute much to a collaborative effort, where information needs to be shared, discussed, and debated back and forth.



19

Asking, “Do you have enough information to proceed?” might elicit a response of “Yes, I guess so” from an employee who has little experience with a collaborative environment. An active listener who know his or her employees will interpret that “Yes, I guess so” response as meaning “I’m not really sure” and continue to probe, hopefully with better questions. An employee comfortable with collaboration might quickly respond “Not really. Here’s what else I think I need.”

Open Ended Questions

Open ended questions can’t be answered in a few words, and thus typically elicit more information about what the other party really thinks or feels. You’ll learn more from asking “How can I help you?” , than you will from asking “Do you need help?” Asking, “Where have you searched for help?” will provide more useful information than asking “Have you searched for help?” Finally, prefacing the information you’re after with the phrase “Tell me about,” can serve as an invitation for more. “Tell me about your relationship with the seller,” may be more useful than asking “What’s your relationship with the seller?”

Ask, Don’t Tell

By far the worst kind of question is the one which contains the desired answer embedded within the question. “You don’t really think this is a good idea, do you?” is not a question, it’s actually an answer. In effect you’re not asking the listener for his or her opinion; you’re telling them your opinion. The “right answer” is: it’s not a good idea. This kind of pseudo questioning can have devastating long term impact on the prospects of true collaboration, as employees learn the manager who uses “tell” questions are not interested in generating any new information at all, only in promoting their own opinions.

Text Communication

We will not always be communicating face to face or verbally, increasingly we re also communicating via text, be this in advertising, emails, or even SMS, it is important that staff communicate clearly when using text.

Clear ConciseAccurateLegible



20

Non-Verbal

Finally while we are aware that verbal communication skills are important in order to receive and distribute information, equally as important are non-verbal skills. Making negotiating parties feel comfortable, or recognizing when a party may be saying one thing but acting in a manner that could perhaps tell you that they are uncomfortable, will help you to understand the true meaning of the message.

Body LanguageAs you will see a little later in this manual when we discuss the “Communication Theory”, body language is an important part of communication. If you wish to excel in your communication abilities then you must research and learn about how to read people using their body language.

Eye Patterns – StrategiesNLP (Neuro Linguistic Programming) shows us that strategies from eye patterns as well as body language are very powerful. This is an area you are well advised to research more on. More on this a little later in this manual.



21

1.4 Effective Communication techniques are used to ensure an accurate exchange of information.

As we have seen there are a range of reasons that conflict or disputes arise, one of the main reasons is a breakdown in communication.

We will be looking at what constitutes good communication, we will have at a range of communication techniques that can help us to mange and minimise conflict at our agency

Rapport

Rapport is one of the most important characteristics of unconscious human interaction. It’s the ability to relate to others in a way that creates a level of trust and understanding. It’s a process of responsiveness at an unconscious level. Having rapport helps people feel comfortable and relaxed – more open to suggestions.

Theory:

The Model of Effective Communication is:

55% PHYSIOLOGY

38% TONALITY

7% WORDS

When people are like each other, they like each other. Rapport is a process of responsiveness, not necessarily “liking”.

Rapport is based on both verbal and non-verbal communication, it is based on what we say but it is also based on what we do. We may not always be aware of our non verbal communication, or what we are saying, without using words to express it. Non-verbal communication can include such things as the way we present ourselves, our posture, or our movements.



22

How do you know when you have rapport?

1. You’ll feel it. Or get a sense of familiarity with the other person. Conversely, if

you lose rapport, or put a foot wrong, you’ll feel uncomfortable. Let’s face it,

we’ve all had that experience. If that happens you can just do some more

mirroring and matching to get back into rapport again.

2. Pacing and leading. ‘Pacing’ meaning matching someone, falling into step with

them, entering into their model of the world. You can pace someone’s ideas,

beliefs and experiences as well as their words and behaviour (you don’t have to

share those ideas, you just have to fall into step with them for a while).

Human beings have a natural tendency to fall into step with each other. So after

you have matched someone for a while, you can do something slightly different

- slow your breathing down, uncross your legs, or scratch your nose - and if you

have rapport, the other person will follow you. If they don’t, do some more

matching.

3. Skin colour changes. When people feel relaxed, capillaries in the skin dilate so

the skin appears darker.

4. The other person may tell you. They may say something like “I feel like I have

known you for ages” or “I’ve never told anyone this before, but...

So why is rapport important in managing conflict?

If a person feels at ease or like they have known us for ages, then they are much

more likely to be open and honest with us. As we have discussed, often the cause

of a dispute is that people are not showing their true feelings, they do not feel

comfortable enough to be open and honest, creating rapport, fosters an

environment hat allows people to relax and solve a problem open and honestly.

Furthermore of we have good rapport in our office and with our clients, and our staff are aware of the importance of good rapport, we are likely to avoid situations where conflict may occur, simply because our staff are receptive to one another and



23

What else is important, what other techniques can I use to minimize conflicts?

PHYSIOLOGY

Posture GestureFacial expression & blinking Breathing (rate and location)

TONALITY

Tone (pitch)Tempo (speed)Timbre (quality)Volume (loudness)

WORDS

What we say is also very important in avoiding communication breakdowns, that can lead to conflicts. We will discuss several areas, where the words that we use can lead to conflicts or disputes and how being are of these can help us to avoid this situation.

Key words & phrases:Predicates

Common experiences & associations

Content chunksClarify meaning Minimize slang Lowest common denominatorEliminate technical jargon Explain technical jargonRepeat and Paraphrase

Non Verbal

What you communicate through your body language and nonverbal signals affects how others see you, how well they like and respect you, and whether or not they trust you. Understanding the non-verbal signals you are sending helps you regulate these, and maintain trust and understanding with your clients. Understanding the non-verbal signals of clients allows you to understand when they may be confused or upset and rectify this before it escalates into a conflict or dispute:



24

Facial expressionGesturesProximityVoicePostureBody movementsClothingEye contact CulturalEnvironment

Activity 4

You have a new client, who speaks English as their second language; try three different ways of communicating the same message. Other students are to guess what the “real “message is.

You have a disabled client who is upset that they cannot access your store, while it is being repaired. Outline what organisational and legislative procedures that you would consult. What information would you give this client?



25

2.1 Conflict or dispute is negotiated and resolved constructively using strategies that comply with established organizational procedures.

Activity 5

Have a chat with the person beside you to gain an understanding of what negotiation mean to you/them.

As we have seen, often conflicts occur when a problem is not solved in a mannerthat is constructive for both parties. To solve a conflict or dispute constructively, wemust ensure that all parties involved have achieve some level of satisfaction and thatwe have acted in a manner that is compliant with our organizational procedures andare therefore also compliant with the law.

Lets have a look a the two basic types of negotiation

• Distributive negotiations. An example of a distributive negotiation is haggling over the price of a house with a real-estate agent. In this type of negotiation, the parties are less interested in forming a relationship or creating a positive impression.

• Integrative negotiations are much more cooperative. Both parties believe they can walk away with something they want without giving up something important. The dominant approach in integrative negotiations is problem solving.

Understanding the types of negotiation are important so that you are aware of which type of negotiation you might employ, but to negotiate constructively we must understand the phases of negotiation particularly the phases of negotiation that are often overlooked.

Exchanging negotiation Bargaining Closing

Many people will focus on the bargaining phase, and while this is important, too much focus on the bargaining face, will mean that often negotiation will break down and disputes or conflicts will occur, as either the customer or the agent will feel that something has not gone to plan. For example, too much haggling could leave the other party (or you) not feeling valued, or information is lost and misunderstanding is more likely or over or under promising can leave the other party very frustrated and hurt... You must deliver what you promise... Always!

An effective negotiator will focus on the exchange of information and closing the deal. Focusing on these two phases does not mean that no bargaining will occur, but it does mean that the bargaining that is occurring covers the following:



26

We have taken the time to understand the needs, interests and goals of all parties

Hidden problems have been uncovered Fears of either party have been addressed Time has been allotted to ensure all parties are acting in a manner that

meets organizational and legislative requirements All parties feel valued All parties have the full information

Activity 6

Get into a group of three people to participate in a role play. Person A is a potential Vendor and Person B is a real estate agent. The agent is speaking with the potential vendor about how they will list the property and advertise the property for sale. Person C will observe and give feedback (to both parties) on the negotiation process.



27

2.2 Negotiation techniques are used to maintain positive interaction and divert and minimize aggressive behavior.

What are some skills you think would be necessary to be an effective negotiator? Effective speaking Listening A sense of humour A positive attitude Respect Self-confidence Emotional intelligence Persistence Patience Creativity

These skills will help us but here are some techniques that help us utilize these skills

• Prepare, prepare, prepare. • 10-15%• Ramp up your listening skills. • Tap into their emotions• Apply the laws of Influence • Offer and expect commitment. • Pay attention to timing and anticipate compromise. • If you don't ask, you don't get. • Don't absorb their problems, stick to your principles• Close with confirmation. • Control • Language

Plan Goals – What do you want to get out of the negotiation? What do you think

the other person wants? Trades – What can you and the other party trade? What do you each have,

the other wants? What are you/they comfortable giving away? Alternatives – If you don’t reach agreement what are the alternatives? Good

or Bad? How much does it matter? Does failure to reach agreement cut you

out of future opportunities? What alternatives does the other person have? WATNA BATNA WAP – Walk away price ZOPA Ensures we are aware of our goals and what will create our happiness Helps us to remember the goals of the other parties Allows us to utilize the trades and alternatives to keep other parties happy



28

We are able to minimize conflicts or disputes by diverting attention to areas where we are willing to trade or give alternatives

10-15% This does not have to be money it can also be other valued resources Based on the above goals, trades and alternatives and the plan you have for

their goals, trades and alternatives. A negotiation is give and take Understand what else they value Understanding the goals and trades can ensure a positive interaction Understanding the alternatives, offers a solution quickly and easily if the

negation becomes aggressive

Listen, Listen, Listen

You understand all parties needs You can identify problems early and rectify them before they develop You can keep negotiations positive because you understand the needs, goals

and values of all parties

Control

Your Tone of voice and Body language matter Controlling these allows you to reduce potential conflicts Allows you to create a positive environment

Language

Use appropriate language for your audience Minimize potential aggressive behavior as information is clear Reduced potential aggressive behavior as no one feels “dumb” Summarizing information Makes everyone happy as they understand what is happening Minimizes aggressive behavior as information is not lost or can be clarified

easily

Tap into their emotions

How do you feel How do they feel Power – who has the power in the relationship? Who controls the

resources? Who stands to lose the most is agreement is not reached? What power does the other person have to deliver or hope for?

The consequences – what are the consequences for you winning or losing this negotiation? What are the consequences for the other person?



29

Relationships – what is the history? Could/should the history impact the

negotiation? Will there be hidden issues? How will you handle these? Understand how to work with their emotions

Use E.I (Daniel Goleman) Self awareness Self regulationSocial SkillsEmpathy Motivation

Understanding how E.I works allows us to have some skills in handling situations when they become aggressive

We can avoid aggression by ensuring that we have considered possible situations which may cause aggression

We have placed our selves in such a manner that all parties feel safe and secure which will not only minimise risk but also ensure that negations are “ enjoyed” by all

Apply the laws of Influence

• Law of Reciprocity• Commitment and Consistency• Social proof• Law of liking• Law of authority • Law of scarcity• Law of contrast and comparison • These laws allow us to understand the reason behind peoples actions and act

accordingly, so that we can help our negations • Use these laws to minimise threatening behaviour, as we can avoid it by

ensuring their needs as outlined in these laws are met (i.e.: saving face, starting to give a little so that they too compromise- Law of commitment and law of social proof)

Offer and expect commitment.

• Allows you to divert potential disputes and conflicts that arise from poor service

• Ensures all parties are interacting in a positive manner• Ensures respect

Pay attention to timing and anticipate compromise.

Allows you to divert potential disputes and conflicts that arise from poor service

Ensures all needs are met Pacifies aggressive behaviour



30

Diverts attention from your gaols to theirs

If you don't ask, you don't get.

• Recognise if information is missing • Develop a sense of potential problems and manage them before they

manifest into conflict or disputes

Don't absorb their problems, stick to your principles.

This ensures that your party does not become overloaded with emotions and ensures the happiness of your party at least.

Minimise one parties likelihood of becoming aggressive, as they are not absorbing excess problems.

Close with confirmation.

• Ensures that all parties have understood the final agreement • Avoids conflict as it is final and conclusive

Activity 7

You have an aggressive customer (student A) who is unhappy because they want to pay you a deposit to hold a property for them, but you explain that is not possible.Use the techniques discussed to resolve this problem



31

2.3 Communication with others is conducted in a courteous manner that reflects sensitivity to an individual, social and cultural differences according to organizational requirements

As we have seen much of negations involves communication, but there are some areas of communication that we need to be aware of that we may not be as skilled in, because they are not necessarily always part of our everyday repertoire of communication skills. Furthermore we need to be aware of how our organization requires us to communicate in situations in which we may be unfamiliar with:

beliefs, values and practices conventions of gender and sexuality cultural stereotypes dress food and diet religious and spiritual observances social conventions traditional practices and observations verbal and non-verbal language

Beliefs, values and practices

Your organization will outline how you are to respect the range of beliefs, values and Practices that you will come into contact with both within your organization and

outside of your organization. These organization documents should also follow the guidelines set out by legislation. For your organizational advice you should try and locate the following documents to guide you:

Anti-discrimination EEO Privacy Consumer protection



32

Property sales, leasing and management

However here are a few more tips to follow in situations that involve difference in beliefs, values and practices:

Values may be hidden, tread carefully Be aware of the difference in

Conventions of gender and sexuality

It is important to note that even if you are aware of convention in gender and sexuality and have no particular feeling toward these conventions, there is a long history of discrimination that are entangled with these conventions, so that issues surrounding this area, can be extremely sensitive. For your organizational advice you should try and locate the following documents to guide you:

Anti-Discrimination EEO Privacy Consumer protection Property sales, leasing and management

Here are a few more tips:



33

If it is a convention that you are required to legally add such as title – always ask never assume

Cultural stereotypes

Anti-Discrimination EEO Privacy Consumer protection Property sales, leasing and management

Dress

The way that we dress, says much about who we are a person and where we are in society, while we would like to think that this is not the case, it most definitely is in our society, and so often our organization will want to portray a certain image, and therefore they may have a dress code or dress rules that they enforce. We should adhere to our organizations dress code if there is one.For advice from you organization look at the following:

EEO Anti-discrimination WHS/OHS



34

Tips

If there is no dress code for your organization you still need to consider the following for the way you dress:

Safety Your position Your clients The activities you need to undertake that day Other peoples comfort (deodorant)

In some circumstances it may also be important to consider the cultural or socialdifferences between yourself and your client, it may be respectful to consideraltering what you are wearing in some circumstances.

Food and diet

While in your organization you may find a few rules governing food and diet, some of which may be more informal, it is important to consider how important food is in our culture and how this may affect our negotiations. Let us first look at our requirements from a organizational view point and then some tips.

Organizational:



35

Consumer protection Financial probity Property sales, leasing and management

Tips Taking clients out Food that can be brought in – any restrictions Offering food in the office –Any restrictions Ensure you are aware of any dietary restrictions of clients Ensure you are aware of any cultural, social or religious restrictions Make sure you are aware of any restriction of food due to religious holidays

(Ramadan) Avoid asking about certain foods, if you know they can’t don’t eat them (pork

and Jews)

Religious and spiritual observances

Many companies will have allowance for religious and spiritual observances these can be found in: EEO



36

Anti-discrimination Privacy Consumer protection Property sales, leasing and management

Tips Be aware of religious and spiritual observances of clients and staff Ensure your meetings accommodate these Acknowledge but don’t make a big deal Don’t assume they will or will not do them

Social conventions

While social conventions may not be specifically mentioned, you may find reference to what is deemed acceptable and expected in the following documents:

EEO Anti-discrimination Privacy Consumer protection Property sales, leasing and management

Tips

Social conventions differ across the globe



37

Ensure it is legal Ensure the comfort of all involved Don’t assume

Traditional practices and observation

Many companies will have allowance for traditional practices and observation these can be found in:

EEO Anti-discrimination Privacy Consumer protection Property sales, leasing and management

Tips Be aware of religious and spiritual observances of clients and staff Ensure your meetings accommodate these Acknowledge but don’t make a big deal Don’t assume they will or will not do them

Verbal and non-verbal language. EEO Anti-discrimination Privacy Consumer protection Property sales, leasing and management Franchise and business structures Industrial relations Environmental issues Finical probityTips

See the techniques and skill sets we have discussed previously.

Exercise 8

Chat with your peer and note below a likely situations that may arise due to cultural values and beliefs in your area / location / suburb. Brainstorm with each other some negotiation techniques that you could possibly use to avoid conflict.



38



39

2.4 Contradictions, ambiguity, uncertainty or misunderstandings are identified and clarified according to organizational procedure.

Where does ambiguity, uncertainty or misunderstandings occur? Mishearing information Missing information Omitting information Misinterpreting information Not understanding the requirements Misinterpreting the requirements Information overload Convoluted information Information that is presented in a manner that the clients or the staff cannot

access (See above)

What organizational procedures can guide us?





40

How can I implement organizational policies to identify and clarify problems that have arisen from ambiguity, uncertainty or misunderstandings?

Using the techniques we’ve discussed earlier in 2.1, 2.2, 2.3 Stop, reassess the situation, summarise and seek agreement or clarification What information must we produce from a legal standpoint How does our organization prefer to communicate with clients How does our organization outline how we are to collect needed information What are our procedures to help clients who may have difficulty

communicating What is our dispute resolution policy Is there a reporting procedure in place (If not you should notate in your diary

for your own records)

Activity 9Share your point of view and insights with your peer.2.5 Factors that might impact on the safety and security of clients and colleagues are identified and appropriate responses or contingency measures are formulated and implemented.

Activity 10

Who are your likely clients based on the area you choose to work in?

Our client base is likely a much bigger group than we think, and in real estate we are responsible for the safety and security of all of our clients. Let’s have a look at our client base, so that we can understand a little better the different areas where we may need to implement safety and security measures to ensure their safety and the safety of our colleagues.

Building supervisors Company management



41

Fund managers Fund Providers Government and Legal instruments or agencies Institutions Insures Internal and external property groups Owner-occupiers Private investigators Property agents Property owners Strata companies Tenants

What contingency measures can we implement?

There is a range of options available to us so that we can minimize the risk or threat to our own, our clients and our colleague’s safety. We will have look at some of the contingency measures that you can implement in order to reduce the risk to yourself and others. These are only a few contingency plans that you can implement and many of these are specifically related to the possible threat to safety that can occur due to conflict. You should always be on the lookout for ways to improve your safety and the safety of those around you.

We’ll have a look now, at what contingency plans you can implement, and what this means.



42

CounselingYou should be aware of what counseling services your organization provides or recommends and how to access these.

It is also helpful to have understanding of what counseling services are available to the public and how to access these.

It may also be helpful to visit some of the websites that do offer counseling and have a familiarity with the information they provide, as some of these site will give you useful tips on how to even raise the subject of receiving counseling.

Cultural supportYou should be aware of what cultural support your organization provides or recommends and how to access these. It may even be a good idea to have an understanding of the cultures within your organization and share information about these, in a fun way, of course this should only be done if it is appropriate and all parties are comfortable.

Defusing strategiesYou need to be aware of what the different defusing strategies are and be comfortable using them.

To ensure that you are able to use different defusing strategies, practice using them.

Course such as this one can teach you a variety of different defusing strategies(see above) and techniques, it is your responsibility to understand how to use them and to practice using them.

First aidWho is your first aid person ?Where is first aid located?



43

How to perform first aid?The laws surrounding administering first aid?First aid, outside of the office ?The steps involved in first aid outside of the office?First aid incidents and reporting it inside and outside of the office?

InterventionYou should be aware of what intervention services your organization provides or recommends and how to access these. You need to be aware of when intervention would be the best solution. You need a plan on how to recommend using intervention. You need to know who to contact for intervention. Know the steps that are required of you in different intervention scenarios.You need a plan for once interventions are complete

MediationYou should be aware of what counseling services your organization provides or recommends and how to access these. You need to be aware of when mediation would be the best solution. You need a plan on how to recommend using mediation. You need to know who to contact for mediation. Know the steps that are required of you in different mediation scenarios.You need a plan for once mediation is complete

Selecting alternative actions that may require use of force within legal requirementsYou should be aware of what your organization provides or recommends in a situation that requires force within legal requirements



44

Have 000 on speed dial Always call if you think you need to, do not wait.Make sure you are safe and that you have a plan if you do not feel safe. Understand your rightsIf this is a situation that allows you time to consider your actions ( annoyance rather than a threatening situation) Check with your manager and come up with a plan.

Separation or isolation of source of conflictYou should be aware of what your organization recommending regards to isolating or separating a source of conflict. You need to be aware of when mediation would be the best solution. You need a plan on how to recommend using mediation. You need to know who to contact for mediation. Know the steps that are required of you in different mediation scenarios.You need a plan for once mediation is complete

Specialists and expertsYou should be aware of what specialist or expert services your organization provides or recommends and how to access these. How can you access these services?What specifically are you accessing these services for?Do you have a very specific plan for these services ?( exactly what you wan from a lawyer or example so that they do not do unnecessary work )How will you communicate between these services and relevant parties?

Training You should be aware of what training your organization provides or recommends and how to access these. How do you make recommendations for training?What training do you need?What training do the people around you need? Is training being implemented?How to implement training?

Activity 11

Student A: You realize that staff member X has been struggling lately and you have called them in to speak to them. Outline to X the polices and procedures that might help them as they come up

Student B: You have been struggling lately with anxiety attacks that you have struggled with previously; you are also struggling with a co-worker who does not understand your need for religious reasons to keep your food on a separate shelf of



45

the fridge. You are at first reluctant to speak with student A but you will eventually tell them what is wrong.



46

3.1 Effectiveness of responses is evaluated and reviewed according to legislative and organizational requirements

Often In negotiations we will have time to consider our response, this may be as weare communicating via email, or communications may be taking place over anextended time period. We my also be able to mentally take a break and think aboutour response before we respond (this is what we should always do ). In considering our response we need to consider all the organizational and legislativerequirements we have discussed and see how effective our intended response is inrelation to these:

1. Is it legal?2. Does it match my companies policies? 3. Will it be effective? 4. Are there any better alternatives?5. What organizational documents do I have to guide me :



3.2 Response evaluation findings are organized in a format suitable for analysis according to organization

Once we have decide on which line of action to take and we think we are certain that we re compliant, we should look at our plan of action in detail. It is ok to think that our plan of action is compliant, but if we stop and complete the table below we can be sure that we are compliant to the level that your organization expects. You may like to add a few more organizational requirements.

To complete the table below you simply decide on your action and then go through each of the listed organizational requirements an d decide if you are complaint, if you are not compliant on anyone then it may not be the correct course of action.



47

If you are compliant on each requirement, you need to decide if your organizational procedures indicate that you need to modify or add to your plan and if so how.

Once this is decided and everything seems fine you need to decide if there is a better solution in terms of each organizational requirement, only once you have completed this table should you feel confident that you are responding in away that adheres to your organizations requirements.

Organizational procedures

Compliant Additions Notes Alternative actions

Business andPerformanceplans

Complaint andDisputeresolutionprocedures

Access andEquityprinciples andpracticeguidelines

Quality andContinuousImprovementprocesses andstandardsPolicies and procedures in relation to client service



48

OHS policies,Proceduresandprograms

Missionstatementsand strategicplans

Legal andethicalrequirementsand codes ofpractice

Goals, objectives, plans, systems and processesQuality assurance and procedure manuals.

Activity 12

Find a situation that ended in a conflict or dispute that you have recently recorded. Use the table above to decide what plan of action you should take next, ensuring that it is suitable in regards to your organizational requirements.

Give a paragraph analyzing why this is the best response for your organization and its procedures.



49

3.3 Incident observations are provided in an accurate concise and constructive manner when reviewing and debriefing a situation.

As you can see below we have included an employee incident report, these will look slightly different in every workplace, but as you can see there is a section which does require you to complete in writing what you observed in regards to the incident. It is important that you know how to write what you observed, especially if you are writing an incident report that will be read b other people, possibly those involved, possibly the law and possibly your managers. You do not want to make a bad impression and you do not want the information you provide to be used against you and you want to include everything. Here are a few tips.

Accurate – Don’t add things because you think you need to

Concise – Get to the point.

Constructive - This is not for revenge, make sure the information you provide isconstructive and not hurtful or spiteful.

Activity 14

Using your imagination, create a likely incident in the real estate workplace e.g. putting up For Sale Sign, and using the incident report below complete a written report on the incident.



50

Employee Incident ReportDate

Employee ManagerName Name

Title/position Title/position

IncidentDateTime

Location

Description of incident

Employee explanation

Witnesses

Action to be taken Verbal warning Probation Dismissal Written warning Suspension Other

Explain

By signing this document, you acknowledge that you have read and understood the information contained herein

Employee Manager

Date Date



51

3.4 Business equipment and technology are used to prepare records and reports according to applicable OHS, legislative and organizational requirements.

We all are aware these days of the need to protect information and ensure that we collects and store information correctly. It is all to easy these days to think that we can simply collect information, save it on your computer and it will be safe , this is not the case.

Listed below are a couple of industry specific programs that will make preparing reports easier –

- EAC Red Square www.eac.com.au- RPData www.rpdata.com

Internet

The internet is a brilliant resource and can save us a great deal of time when we arepreparing records and reports. We must however be aware of the pitfalls of theinternet and do our best to protect ourselves and our clients from the dangers ofthe internet.

It is extremely important that you not only understand which websites are applicableto you but what your organizations policy is on utilizing the internet to preparereports.

If we are using the internet to prepare reports we must ensure that the followingHappens:

Utilize a secure site Utilize approved reports

For information and guidance that ensures we are preparing the report according to organizational guidelines check the following documents:



52

Access and equity principles and practice guidelines Goals, objectives, plans, systems and processes Legal and ethical requirements and codes of practice OHS policies, procedures and programs Policies and procedures in relation to client service Quality assurance and procedure manuals. Computer usage policy Any training or policies that outline how reports and

records are to be prepared.



53

Legally: Australian Securities and Investments Commission, Australian Competition and

Consumer Commission, and Foreign Investment Review Board requirements Consumer protection laws and guidelines Court and tribunal precedents Freedom of information Home building requirements Licensing requirements Privacy and confidentiality requirements and laws applying to owners,

contractors and tenants Quality assurance and certification requirements Relevant common law Relevant federal, and state or territory legislation and regulations affecting

organizational operation, including: anti-discrimination and diversity EEO OHS

Strata, community and company titles Tenancy agreements Trade practices laws and guidelines.

Intranet

The Intranet is the internal way of communicating within your organization, it may have a range of pre prepared documents that you can utilize, as well as tools or programs that are used to store information. Your company may have guidelines that you need to follow when using the intranet , many of these will be covered if you have an technology usage document but if not try and look for guidance in the following locations :



54

access and equity principles and practice guidelines goals, objectives, plans, systems and processes legal and ethical requirements and codes of practice OHS policies, procedures and programs Policies and procedures in relation to client service Quality and continuous improvement processes and

standards Quality assurance and procedure manuals. Computer usage policy Any training or policies that outline how reports and

records are to be prepared.

Legally: Australian Securities and Investments Commission,

Australian Competition and Consumer Commission, and Foreign Investment Review Board requirements

Consumer protection laws and guidelines Court and tribunal precedents Freedom of information Home building requirements Licensing requirements Privacy and confidentiality requirements and laws

applying to owners, contractors and tenants Quality assurance and certification requirements Relevant common law Relevant federal, and state or territory legislation and

regulations affecting organizational operation, including: anti-discrimination and diversity EEO OHS

Strata, community and company titles Tenancy agreements Trade practices laws and guidelines.



55

Storage Devices Storage devices are a wonderful invention when they work and a terrible invention

when they don’t. If you are preparing records or reports, you need to be sure that you not only understand how you are legally required to store the records or reports, but also how your company requires that you store them and how you feel comfortable storing them. USB devices are not safe! You also need to ensure the safety of the storage decide you are using and if you are allowed to store the information that you are preparing. Here are a few organizational procedures that might be able to guide you:

Access and equity principles and practice guidelines Goals, objectives, plans, systems and processes Legal and ethical requirements and codes of practice Mission statements and strategic plans OHS policies, procedures and programs Policies and procedures in relation to client service Quality and continuous improvement processes and

standards Quality assurance and procedure manuals. Technology policies Training or policies



56

Legally Australian Securities and Investments Commission, Australian Competition and

Consumer Commission, and Foreign Investment Review Board requirements Australian standards federal and state taxation requirements consumer protection laws and guidelines court and tribunal precedents freedom of information home building requirements licensing requirements privacy and confidentiality requirements and laws applying to owners,

contractors and tenants relevant common law relevant federal, and state or territory legislation and regulations affecting

organisational operation, including: anti-discrimination and diversity EEO industrial relations OHS

strata, community and company titles tenancy agreements

Communication devicesCommunication devices, other than the Internet and intranet that we have looked

at, are also devices such as email, faxes, telephones, printers, scanners and photocopiers. In order to prepare records and reports, you will not only need to know how to use these communication devices, but also your companies polies on using them and how they are to be used.

Once you have established that your company allows them to be used, you will also need to ensure that you are able to use them for the records or reports that you are preparing. Sometimes you may be able to accept a signature via the scanner, other times this may be legally acceptable but not acceptable to your organization. You need to be clear that you are able to use these devices when preparing records or reports. Here are a few places you can look for guidance:

Access and equity principles and practice guidelines Goals, objectives, plans, systems and processes Legal and ethical requirements and codes of practice Mission statements and strategic plans OHS policies, procedures and programs Policies and procedures in relation to client service Quality and continuous improvement processes and




57

Legally Australian Securities and Investments Commission, Australian Competition and

Consumer Commission, and Foreign Investment Review Board requirements Australian standards federal and state taxation requirements consumer protection laws and guidelines court and tribunal precedents freedom of information home building requirements licensing requirements privacy and confidentiality requirements and laws applying to owners,

contractors and tenants relevant common law relevant federal, and state or territory legislation and regulations affecting

organisational operation, including: anti-discrimination and diversity EEO industrial relations OHS

strata, community and company titlestenancy agreements



58

3.5 Information is securely maintained with due regard to confidentiality, and legislative and organizational requirements.

Below you will find a list of organizational and legislative requirements



59

Organisational requirements may be outlined and reflected in:

access and equity principles and practice guidelines business and performance plans complaint and dispute resolution procedures goals, objectives, plans, systems and processes legal and ethical requirements and codes of practice mission statements and strategic plans OHS policies, procedures and programs policies and procedures in relation to client service quality and continuous improvement processes and

standards quality assurance and procedure manuals.

Legislative requirements may be outlined and reflected in:

Australian Securities and Investments Commission, Australian Competition and Consumer Commission, and Foreign Investment Review Board requirements

Australian standards federal and state taxation requirements consumer protection laws and guidelines court and tribunal precedents environmental and zoning laws affecting access

security, access and property use freedom of information home building requirements licensing requirements privacy and confidentiality requirements and laws

applying to owners, contractors and tenants public health quality assurance and certification requirements relevant common law relevant federal, and state or territory legislation and

regulations affecting organisational operation, including: anti-discrimination and diversity environmental issues EEO industrial relations OHS

relevant industry codes of practice covering the market sector and industry, financial transactions, taxation, environment, construction, land use, native title, zoning, utilities use (water, gas and electricity), and contract or common law

relevant local government policies and regulations strata, community and company titles tenancy agreements trade practices laws and guidelines.



60

Legislative Requirements What are the requirements I need to consider in terms of legislative requirements?

While we need to ensure that we are compliant to our organizational standards we also need to be compliant to legislative requirements both at a federal and state level. We will look in a little detail at some of the main areas that you may need to research and understand when managing conflicts and disputes, but these are by no means all the areas that you will need to consider.

We have used mainly sites for NSW, you will need to research legislative requirements across states, even though you may only work in NSW.

We have a quick reference Internet site slide and then we will look at some sections in more detail there may be a little overlap.

ComLaw - http://www.comlaw.gov.au/HomeComLaw has the most complete and up-to-date collection so commonwealth legislation including changes.

Australian Government http://australia.gov.au/This easy to use website will help you find links to relevant government services and information.

Consumer Law http://www.consumerlaw.gov.au/This outlines consumer law.

Australian Competition and consumer commission http://www.accc.gov.au/ The ACCC promotes competition and fair trade in markets to benefit consumers, businesses, and the community.

NSW Fair Trading http://www.fairtrading.nsw.gov.au/ftw/Property_agents_and_managers.page?This website is dedicated to agents and outlines the responsibilities of agencies as well as qualifications and CPD that are needed as an agent. This website also has copies of agreements that can be downloaded and allows you to check various licenses.

NSW Governmenthttp://www.environment.nsw.gov.au/This website provides information pertaining not only to environmental issues but also to heritage issues.

Fair Work Australiahttp://www.fairwork.gov.au/


http://www.fairwork.gov.au/

http://www.environment.nsw.gov.au/

http://www.fairtrading.nsw.gov.au/ftw/Property_agents_and_managers.page


http://www.accc.gov.au/

http://www.consumerlaw.gov.au/

http://australia.gov.au/

http://www.comlaw.gov.au/Home


61

This holds much of the information you will need about employment.

Australian Taxation Officehttps://www.ato.gov.au/Information regarding taxation in Australia

Here are a few other areas that might be a good idea for you to look into:

Australian Securities and Investments Commission, Australian Competition and Consumer Commission, and Foreign Investment Review Board requirements

The Australian Securities and Investments Commission ASIChttp://www.asic.gov.au/

The Australian Securities and Investments Commission ASIC is Australia’s corporate, markets and financial services regulator.

ASIC contributes to Australia’s economic reputation and wellbeing by ensuring that Australia’s financial markets are fair and transparent, supported by confident and informed investors and consumers.

They are an independent Commonwealth Government body. We are set up under and administer the Australian Securities and Investments Commission Act (ASIC Act), and they carry out most of their work under the Corporations Act.

The Australian Securities and Investments Commission Act 2001 requires us to:

Maintain, facilitate and improve the performance of the financial system and entities in it

Promote confident and informed participation by investors and consumers in the financial system

Administer the law effectively and with minimal procedural requirements Enforce and give effect to the law Receive, process and store, efficiently and quickly, information that is given to us Make information about companies and other bodies available to the public as soon

as practicable.

You may need to visit this site for a number of reasons, but some may have to do with disputes possibly involving insider trading, recommendations in real estate investment a well as financial activities that may be undertaken.

http://www.accc.gov.au/Australian Competition and consumer commission



http://www.asic.gov.au/

https://www.ato.gov.au/


62

The ACCC promotes competition and fair trade in markets to benefit consumers, businesses, and the community. We also regulate national infrastructure services. Our primary responsibility is to ensure that individuals and businesses comply with Australian competition, fair-trading, and consumer protection laws - in particular the Competition and Consumer Act 2010.

You may visit the ACCC, in order to understand what the customers are told in regards to their rights, what real estate scams are currently occurring, information on product recalls and safety.

https://www.firb.gov.au/content/default.asp

The Australian Government welcomes foreign investment. It has helped build Australia’s economy and will continue to enhance the wellbeing of Australians by supporting economic growth and prosperity.

Companies operating in Australia and Australian companies operating overseas are expected to act in accordance with the principles set out in the OECD Guidelines.

The Foreign Investment Review Board (the FIRB) examines proposals by foreign persons to invest in Australia and makes recommendations to the Treasurer on those subject to the Foreign Acquisitions and Takeovers Act 1975 and Australia's foreign investment policy.

You would visit this site in order to understand the rules and regulations regarding foreign investments. You will probably need to visit this site more than you think, as it could apply to both people buying and selling, and people in the same family may be different nationalities.


http://www.ausncp.gov.au/content/content.aspx?doc=home.htm

https://www.firb.gov.au/content/default.asp


63

Australian standards

Federal and state taxation requirements

https://www.ato.gov.au/ You would visit this site for information at a federal level

http://australia.gov.au/topics/economy-money-and-tax/tax A simpler guide to federal tax

http://www.osr.nsw.gov.au/ Information regarding taxation in NSW

http://www.business.nsw.gov.au/__data/assets/pdf_file/0018/6912/doing_business_in_nsw_200810_web.pdf

A simplified guide to business in NSW. You may need this as a starting point for information regarding business in NSW.

You will need to be aware of taxation laws, as they apply not only federally but as they apply in your state. Consider that you may t some times need to consider laws across sates.

Consumer protection laws and guidelineshttp://australia.gov.au/topics/economy-money-and-tax/consumer-protectionhttp://www.accc.gov.au/http://www.business.gov.au/Pages/default.aspx

These websites, will help guide you through the ACL laws at a federal level, you will need to check various websites for a comprehensive knowledge.

http://www.austlii.edu.au/http://www.comlaw.gov.au/Homehttp://www.ags.gov.au/publications/fact-sheets/Fact_sheet_No_12.pdf

These three websites present the ACL, in legal terms.

http://www.consumerlaw.gov.au/content/content.aspx?doc=the_acl/guidance.htm

The ACCC, ASIC and various state and territory agencies have prepared a guide for the ACL(Australian Consumer Law). This is an overview of the ACL and where you can find more information. You can also use this website to find links to the specific States and territories websites that deal with ACL




http://www.ags.gov.au/publications/fact-sheets/Fact_sheet_No_12.pdf


http://www.austlii.edu.au/

http://www.business.gov.au/Pages/default.aspx


http://australia.gov.au/topics/economy-money-and-tax/consumer-protection



http://www.osr.nsw.gov.au/

http://australia.gov.au/topics/economy-money-and-tax/tax

https://www.ato.gov.au/


64

http://fairtrading.nsw.gov.au/ftw/home.page?This page is NSW specific. NSW Fair Trading.

https://www.commerce.wa.gov.au/consumer-protection

Here we have included an example from WA, just so that you are aware in different states, not only will you need to look up different sites, they may be administered by different departments.

Environmental and zoning laws affecting access security, access and property use

http://www.environment.gov.au/This website provides information pertaining not only to environmental issues but also to heritage issues.

http://www.planning.nsw.gov.au/http://www.service.nsw.gov.au/http://www.business.nsw.gov.au/These will help you in NSW

http://www.reinsw.com.au/Default.aspx?PrintFriendly=True&ArticleID=5248A guide to the housing code in NSW

http://www.dlg.nsw.gov.au/dlg/dlghome/dlg_index.asp You may need to look specifically at your local government area for more information on environmental and zoning laws.

Freedom of information

http://www.oaic.gov.au/

Home building requirements

http://www.abcb.gov.au/The overview for building requirements in Australia.

http://www.planning.nsw.gov.au/This gives you an overview in NSW and can point you in the right direction.http://www.licence.nsw.gov.au/new/categories/home-owner-building-renovationThis allows you to lodge and check on building developments and permits.


http://www.licence.nsw.gov.au/new/categories/home-owner-building-renovation

http://www.licence.nsw.gov.au/new/categories/home-owner-building-renovation

http://www.planning.nsw.gov.au/

http://www.abcb.gov.au/

http://www.oaic.gov.au/

http://www.dlg.nsw.gov.au/dlg/dlghome/dlg_index.asp

http://www.reinsw.com.au/Default.aspx?PrintFriendly=True&ArticleID=5248

http://www.business.nsw.gov.au/

http://www.service.nsw.gov.au/

http://www.planning.nsw.gov.au/

http://www.environment.gov.au/

https://www.commerce.wa.gov.au/consumer-protection

http://fairtrading.nsw.gov.au/ftw/home.page


65

http://www.housing.nsw.gov.au/NR/rdonlyres/C7BDCD72-1023-4015-A617-8FA5409FAE9D/0/BuyingLandBuildingHome.pdf

A guide for building a home in NSW

http://www.legislation.nsw.gov.au/inforcepdf/2004-595.pdf?id=024882ce-e1ec-c528-97ea-e22867fc3f82

A copy of the law in NSW

Licensing requirements

http://www.fairtrading.nsw.gov.au/ftw/Property_agents_and_managers.page?

This website is dedicated to agents and outlines the responsibilities of agencies as well as qualifications and CPD that are needed as an agent. This website also has copies of agreements that can be downloaded and allows you to check various licenses.

http://www.legislation.nsw.gov.au/maintop/view/inforce/act+42+2010+cd+0+NResidential Tenancies Act 2010 No 42.

http://services.enews.fairtrading.nsw.gov.au/online/18246963-167.htmlNSW Fair Trading – Free help to negotiate tenancy problems

http://www.ncat.nsw.gov.au NSW Civil and Administrative Tribunal (NCAT)NCAT commenced operating on 1 January 2014 providing a single gateway for specialist tribunal services in NSW

http://www.fairtrading.nsw.gov.au/pdfs/Property_agents_and_managers/Real_estate_fraud_prevention_guidelines.pdfNSW Fair Trading Fraud Prevention Guidelines

Relevant common law

ComLaw - http://www.comlaw.gov.au/HomeComLaw has the most complete and up-to-date collection so commonwealth legislation including changes.

Relevant federal, and state or territory legislation and regulations affecting organizational operation, including:



http://www.fairtrading.nsw.gov.au/pdfs/Property_agents_and_managers/Real_estate_fraud_prevention_guidelines.pdf

http://www.fairtrading.nsw.gov.au/pdfs/Property_agents_and_managers/Real_estate_fraud_prevention_guidelines.pdf

http://www.ncat.nsw.gov.au/

http://services.enews.fairtrading.nsw.gov.au/online/18246963-167.html

http://www.legislation.nsw.gov.au/maintop/view/inforce/act+42+2010+cd+0+N







66

Some of these we have already looked at so this is just a review.

Anti-discrimination and diversityhttp://www.fairwork.gov.au/This holds much of the information you will need about employment.

Environmental issueshttp://www.environment.nsw.gov.au/This website provides information pertaining not only to environmental issues but

also to heritage issues.

EEO

http://www.business.gov.au/business-topics/employing-people/Pages/equal-employment-opportunity-and-anti-discrimination.aspx

Industrial relations

http://www.airc.gov.au/http://www.industrialrelations.nsw.gov.au/

WHS/OH&S Acts, Regulations and Codes of Practicehttp://www.business.gov.au/business-topics/employing-people/workplace-health-and-safety/Pages/whs-acts-regulations-and-codes-of-practice.aspx

http://www.fairwork.gov.au/This holds much of the information you will need about employment.

Relevant industry codes of practice covering the market sector and industry, financial transactions, taxation, environment, construction, land use, native title, zoning, utilities use (water, gas and electricity), and contract or common lawhttp://www.service.nsw.gov.au/

Relevant local government policies and regulations http://www.legislation.nsw.gov.au/fullhtml/inforce/act+66+2002+FIRST+0+NProperty Stock & Business Agents Act 2002

http://www.legislation.nsw.gov.au/inforcepdf/2003-490.pdf?id=da3d0c55-b051-cce7-a7d3-e9d2f10ae191Property Stock & Business Agents Regulations 2003© Evelyn Olivares [email protected] www.EvelynOlivares.com.au

http://www.legislation.nsw.gov.au/inforcepdf/2003-490.pdf?id=da3d0c55-b051-cce7-a7d3-e9d2f10ae191

http://www.legislation.nsw.gov.au/inforcepdf/2003-490.pdf?id=da3d0c55-b051-cce7-a7d3-e9d2f10ae191

http://www.legislation.nsw.gov.au/fullhtml/inforce/act+66+2002+FIRST+0+N

http://www.service.nsw.gov.au/


http://www.business.gov.au/business-topics/employing-people/workplace-health-and-safety/Pages/whs-acts-regulations-and-codes-of-practice.aspx



http://www.industrialrelations.nsw.gov.au/

http://www.airc.gov.au/



http://www.environment.nsw.gov.au/



67

Strata Schemes Management Act 1996 No138http://www.legislation.nsw.gov.au/fullhtml/inforce/act+138+1996+FIRST+0+N

Tenancy agreementshttp://www.fairtrading.nsw.gov.au/pdfs/Tenants_and_home_owners/Residential_tenancy_agreement.pdf Residential Tenancy Agreement

Trade practices laws and guidelinesTRADE PRACTICES Amendment (AUSTRALIAN CONSUMER LAW) Act (No. 2) 2010http://www.consumerlaw.gov.au/content/the_acl/downloads/ACL_guide_to_provisions_November_2010.pdf

Activity Legislation & EthicsCan you think of some daily conflicts that may occur in a real estate agency? If you can what where would you go to see to get advice in terms of what our government expects.

Please look into your diary and find an area of conflict that you have encountered, in the last year and complete the table below.

Conflict Why might this conflict occur

Where can you find the governments advice


http://www.fairtrading.nsw.gov.au/pdfs/Tenants_and_home_owners/Residential_tenancy_agreement.pdf

http://www.fairtrading.nsw.gov.au/pdfs/Tenants_and_home_owners/Residential_tenancy_agreement.pdf

http://www.legislation.nsw.gov.au/fullhtml/inforce/act+138+1996+FIRST+0+N

Documents

evelynolivares.com.au · Web viewThe human condition has shown that men and women are filled with intrapersonal and interpersonal conflict in their daily lives (Morris et al., 2004)