Document downloads - Dispute resolution
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Surveyors acting as expert witnesses
Published April 2014
Effective from 2 July 2014
Reissued February 2023
Surveyors acting as expert witnesses, 4th edition, applies to surveyors when providing expert evidence, whether oral or written, before a range of courts and tribunals in the UK,
The practice statement sets out the mandatory duties of a surveyor in providing evidence, while the guidance note provides further information on good practice, including: the need for clear instructions and terms of engagement; fees; guidance on what to do in situations of conflict of interest; an outline of the written report format; clarification of the differences between the roles of expert witness and advocate; and the immunity of the expert witness.
A stand-alone electronic version of this practice statement (without the guidance note) is also available for potential use with clients in connection with the particular requirement of PS 3.3.
This document was amended in February 2023 to remove wording from PS10 and GN19 which could be read as prohibiting expert witnesses from taking instructions from solicitors who are engaged on a conditional fee, even if the expert is instructed on an unconditional fee basis. This was not the intention of RICS and has therefore been amended for clarity. -
Expert witness terms of engagement template
This template is adapted from the practice statement and guidance note, Surveyors acting as expert witnesses. Its sample terms are not intended to be mandatory or prescriptive, and may be adapted as required. It is recognised that a variety of circumstances will prevail in the range of assignments surveyors may undertake and that clauses may not be appropriate in every circumstance. For example, where a client appoints a surveyor directly, without using an appointer, the terms would need to be amended accordingly. Other or additional terms of engagement may also be indicated, for example, by a protocol established under the CPR or in guides that supplement the CPR in certain courts.
Disclaimer: Users of this document are responsible for forming their own view as to whether this document and its contents are suitable for use in any particular circumstances. The supply of this document does not constitute legal or other professional advice, nor does it constitute any opinion or recommendation as to how any person should conduct its business or whether any person should or should not enter into any form of contract. Users should, if appropriate, consult their professional advisers as to any such matter. No warranty, express or implied, is given in respect of this document and neither RICS nor the authors shall be liable for any loss or damage of any kind arising directly or indirectly from the use or misuse of this document or from any reliance on it by any person, except to the extent that exclusion of such liability is prohibited by law. -
Mediation agreement template
This is a template agreement between two parties to enter into mediation. Mediation is an alternative method of dispute resolution. Mediation can be used as an additional tool to those currently available in a whole variety of surveying contexts; for example disputes about construction, landlord and tenant, rights of light, boundaries, valuation, compulsory purchase orders and in the planning system.
The template is available from the RICS Dispute Resolution Service. -
Settlement agreement template
Where parties to a negotiation or ADR procedure come to a settlement, they should record its terms in a settlement agreement. This agreement is formal evidence that the parties have concluded terms of settlement. It avoids potential disputes as to the contents of any 'without prejudice' discussions and the terms of any agreement reached.
Mediators are not encouraged to participate in drafting the settlement agreement. This is even more true of the RICS Accredited Mediator who may not have a legal background, even though he or she may be experienced in the type of dispute being mediated.
Where parties have legal representation their lawyer should draft the agreement. If that is not the case they should aim to settle the agreement themselves, at least as heads of agreement, and have a lawyer provide additional details as necessary.
The template is available from the RICS Dispute Resolution Service. -
Introducing arbitration CPD certificate
Gain an understanding of arbitration and the processes to be followed to achieve an effective award. Arbitration is one of a number of methods that can be utilised in situations where parties are unable to resolve a dispute by way of a negotiated settlement. Arbitration is commonly utilised by property professionals as a means of resolving disputes in a variety of construction, dilapidation, valuation and rent review disputes. Arbitration is governed by the Arbitration Act 1996.
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Surveyors acting as arbitrators in commercial property rent reviews in Scotland
Published August 2014
Effective from August 2014
Reissued February 2024
This professional standard is designed primarily to assist those who are appointed to act as arbitrator, either by the Chairman of RICS Scotland, or directly by the parties to a dispute. It is also intended to assist the parties themselves and those acting for them by making them aware of the procedures likely to be followed.
This professional standard is based on the law and practice relating to arbitrations in Scotland, which are governed by the Arbitration (Scotland) Act 2010.
See also: Surveyors acting as independent experts in commercial property rent reviews in Scotland.
This document was reissued in February 2024 as a professional standard. It had previously been published in August 2014 as a guidance note. No material changes have been made to the document. -
Mediation (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
This guidance note is intended for surveyors advising clients in relation to a dispute and gives guidance on when mediation should be considered, how it works, the benefits of mediating over litigating, and the consequences if parties do not mediate. -
Surveyors acting as expert witnesses in Scotland
Published August 2015
Effective from 6 November 2015
This 1st edition of Surveyors acting as expert witnesses in Scotland applies to surveyors when providing expert evidence, whether oral or written, before a range of courts and tribunals in Scotland.
This document:
- explains the need for clear instructions and terms of engagement
- gives guidance on what to do in situations of conflict of interest
- outlines the written report format
- clarifies the differences between the roles of expert and advocate
- helps remove pressure upon experts to support their clients’ cases irrespective of their honest professional opinion.
This practice statement is also published in the form of an accompanying client guide, a copy of which can be supplied by the expert witness to the prospective client. This guide may be provided without copyright permission; however, the expert witness must make clear to the prospective client that his/her copy is for his/her use only, and that any reproduction of the guide for the use of a third party would breach RICS copyright, as specified in PS 3.4(b).
The foreword by Lord Doherty that accompanies this guidance note was amended in February 2016 in order to cite updated case law from the United Kingdom Supreme Court. -
Complaints handling
Published: July 2016
Reissued: October 2023
The purpose of this standard is to provide residential surveyors and valuers with information to assist in handling complaints and direct them towards more detailed guidance from RICS. -
Rural arbitration
Published May 2017
Effective from 1 December 2017
Reissued April 2024
This professional standard is designed to assist rural chartered surveyors who are appointed to act in arbitrations dealing with rural assets and property, whether as advocates, experts or the arbitrator.
This document was reissued in April 2024 as a professional standard. It had previously been published in May 2017 as a guidance note. No material changes have been made to the document.