Conflict Avoidance, Management and Dispute Resolution Procedures Flashcards
What is Alternative Dispute Resolution?
The use of methods such as mediation and arbitration to resolve a dispute without the need for litigation.
What is arbitration?
A procedure whereby two parties in dispute agree to be bound by the decision of a third party (the arbitrator) without the need to go to court. Governed by Arbitration Act 1996. Key word: award.
What is mediation?
A process whereby a neutral third party helps the parties in dispute to reach a settlement they can both live with. Two types are evaluative (mediator tells parties what they think and how a court will decide it) and facilitative (mediator merely facilitates discussions between parties).
What is an independent expert?
A process in which an independent third party is appointed to decide a dispute. There is no legislation governing this role and so the the independent expert is governed by the lease in question. Key word: determination.
What is an expert witness?
The role that a surveyor will adopt to submit their expert witness evidence to the appointed third party (arbitrator or independent expert).
What is PACT?
Professional Arbitration on Court Terms. Parties are not required to obtain a consent order from the court. Offers a viable alternative to litigation and can be used to resolve disputes for rent, service charge matters, alienation, break clauses, lease renewals etc. Quick, efficient and cost-effective method of resolving a dispute without the need to go to court.
