In an increasingly litigious climate, when legal advice on property disputes is sought the option of Alternate Dispute Resolution is finding increasing favour as a means of settling conflicts that arise in respect of property holdings.In an increasingly litigious climate, when legal advice on property disputes is sought the option of Alternate Dispute Resolution is finding increasing favour as a means of settling conflicts that arise in respect of property holdings.
Alternate Dispute Resolution may take the form of a referral to an Arbitrator, whose decision will be based on the submissions of the parties, or an Independent Expert, who may receive submissions but is not fettered by them and will determine the issue according to his own professional opinion.
A third route for resolving a property dispute is Mediation, where the Mediator will work closely with the parties to seek a solution that is mutually acceptable.
The principal advantages of Alternative Dispute Resolution are:
- Speed & cost – It is generally a significantly quicker and cheaper method of property dispute resolution than pursuing a case through the courts.
- Professionalism – The property dispute is dealt with by a chartered surveyor who is not only a highly trained professional who understands property but also has specialist knowledge to enable him or her to deal with property disputes. Dispute Resolvers are specially selected and trained by the RICS and have to undergo a programme of continuous training and development to enable them to give legal advice on property disputes.
ADR may be used to settle disputes in relation to:
- Capital value
- Overage under Development Option Agreements
- Neighbour disputes
- Boundary disputes
Where litigation for a property dispute is being contemplated or pursued, Caxtons is able to provide reports as Single or Joint Single Experts on property related issues, and present evidence in court, if required. Such reports have to comply with the Guidance set down by the RICS, as well as meeting the compliance requirements of the Civil Procedure Rules.
Tony Meire was recently appointed by solicitors as a Single Expert to represent the defendants in a boundary dispute relating to a residential property in a village location close to Canterbury. Having inspected the property and reviewed the documentation, he presented his evidence to the court which was accepted in its entirety and the case dismissed.
Tony was appointed by the President of the RICS to act as an arbitrator in the resolution of a dispute relating to the payment due by the developer to the landowner under an Option Agreement in respect of a major residential development site in Kent. After the presentation and exchange of reports, the matter proceeded to a three day hearing in London, with a team of 14 barristers, solicitors, party representatives and witnesses. The case involved some 20 issues under dispute, and lead to a comprehensive reasoned award determining each issue in turn and the dispute as a whole.