Daniel Djanogly considers the options of property ADR
Alternative dispute resolution (ADR) procedures are available for those embroiled in either commercial or residential property disputes. The background is an industry with its own laws, trade practices and customs. It is also an industry served by a wide range of specialist professionals including many who are qualified and experienced dispute resolvers. It is not surprising therefore that property ADR, which can be delivered by those with the relevant industry and technical expertise, runs alongside court litigation as an alternative route for dispute resolution. This article explores the ADR option for property disputes.
Regular ADR
Usual forms of ADR include binding procedures such as arbitration and expert determination or mediation which offers to facilitate a binding settlement. Non-binding procedures are also available. The common features which distinguish these procedures from public court litigation include:
- privacy and confidentiality, which may help ring-fence the problem and preserve working relationships
- informality and procedural flexibility with the parties having control over the procedures including the timeframe in which the reference is to be conducted; and
- if there
