3. Dispute Resolution (ADR) Flashcards
(10 cards)
What is the most basic form of dispute resolution?
Negotiation
What is the most extreme for of dispute resolution?
Litigation - at court
What is ADR?
Alternative dispute resolution - Dispute resolution processes that fall outside the scope of court litigation.
What are some of the advantages of ADR?
- Speed
- Informality
- Cost (Lower than courts)
- Confidentiality
What are some forms of ADR?
- Arbitration
- Independence Expert Determination
- Mediation
- RICS Dispute Resolution Service
What is arbitration?
A form of ADR.
An arbitrator decides a dispute in accordance with statute (The Arbitration Act 1996).
They will have specialist knowledge of the subject area.
What are some of the details of arbitration?
- Power to award costs.
- Cannot be sued for negigence, but possible grounds for appeal
- Can be fast, cost effective and confidential
- Common form of ADR for commercial property
What is Independent Expert Determination?
Independed expert can be appointed by the agreement of the parties (that might be recorded in the contract/lease).
Determination is produces that binds the parties.
They are under a duty to make their own investigations and they use their knowledge and experience to reach a decision.
Common form of ADR for commercial property rent review disputes and service charge disputes.
What is Mediation?
Facilitates discussions between the two parties to explore whether a solution can be found.
Confidential and informal process.
Usually conducted on a “without prejudice” basis.
The mediator has no decision-making authoirty and cannot impose a resolution upon the two parties.
What is the RICS Dispute Resolution Service?
World’s oldest ad largest provider of ADR servies in land, property and construction industries, including:
- Arbitration
- Independent Expert Determination
- ADR for Compolsory Purchase Disputes
