Conflict Avoidance and Dispute Resolution Procedures

• Negotiation – problem solving efforts of the parties
• Mediation or reconciliation – 3rd party intervention which does not bind the parties to a decision but assists them to resolve difficulties
• Adjudication process – an outcome is determined by a third party, such as litigation and arbitration

• Speed –quicker than lengthy court proceedings
• Informality – outside of court
• Negotiation - greater opportunity for negotiation
• Cost – less money spent on professional fees for litigation
• Quality – of the decision making, outcome made by surveyor and not a judge
• Confidentiality

• Use of a neutral mediator who facilitates discussions between 2 parties to find a solution
• Confident and informal process
• Has no decision making authority and cannot impose a resolution under the 2 parties
• RICS Guidance Note in Mediation 2014

• Quasi-judicial role in accordance with Arbitration Act 1996
• Parties are bound by the decision
• They can order a hearing or consider written representatives
• Will have specialist knowledge of the subject area
• Can’t be sued for negligence, but decision can be over ruled by Court of Appeal on point of law only.
• Must have passed Chartered Institute of Arbitrator Exams
• PACT (Prof Arbitration on Court Terms) is a form of arbitration use for lease renewal disputes.

• Is appointed by the two parties or president of the RICS
• RICS GN – Independent Expert Determination 2016
• Parties bound by decision
• They are appointed to investigate the dispute and receive evidence from both parties
• They can use their own opinion or evidence to decide upon award
• Offers speed and specialist knowledge

To the court or other dispute resolution panel.

The client

Objective and unbiased opinion related to their experience

Gardiner and Theobald v Jackson 2018 – success related fee is inappropriate

Where experts are sworn into cases alongside each other and are given the chance to ask each other questions.

• Disclosure
• Evidence
• Appeal
• Law
• Negligence
• Outcome
• Costs