Is ENE the key to resolving dilapidations disputes, asks Martin Burns
Litigation is not always the best method for dealing with dilapidations disputes. There are much better ways of resolving issues around dilapidations than embarking on costly and inordinately lengthy court action. I am of course referring to alternative dispute resolution (ADR).
Dilapidations issues are largely technical in nature, and ADR is particularly useful when people are arguing about technical things, rather than legal things.
There are many forms of ADR and not all may be suited to resolving dilapidations disputes. However the benefits are obvious. ADR usually involves the intervention of a third party who is likely to be an expert who understands the subject matter. ADR allows the parties to manage their timetable and procedure, which are private and confidential. This can be particularly attractive if the parties do not want to air their dirty washing in public.
Introducing ENE
The new kid on the ADR block is early neutral evaluation (ENE) and it is particularly relevant to dilapidations disputes because it focuses on reducing risks associated with
