Residential and commercial dispute resolution
When a dispute arises there are usually a number of options available to the parties involved that they can use to resolve a matter. The processes and procedures are, however, different and dependent upon the type and nature of dispute involved. This section sets out the various options that are available to the parties in a dispute and explains the processes and procedures involved.
The right to have a dispute resolved is a fundamental human right, however, for many it is seen as a complicated and disproportionately expensive, if not unfair, process. This need not be the case but because it is seen as overly complicated it is poorly understood. Many consider it unfair and ill-suited to the resolution of certain types of disputes leaving many feeling that justice was not achieved.
It is not, however, a process that should be embarked upon lightly and therefore careful consideration should always be given before embarking on a course of dispute resolution. In some respects it could be argued that many of the processes are in fact designed to encourage the parties to reach an agreement.
There are a number of different methods of dispute resolution involving specialist tribunals, courts, arbitrators, independent experts and mediators, among others. Depending on which method is chosen however, the process can be either binding or non-binding, therefore, it is clearly important for a party to establish what they want to achieve at the outset.
RICS standards: Surveyors acting as expert witnesses
RICS journal article: RICS offers alternative solution to compulsory purchase disputes