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13 December 2013 / Daniel Djangoly
Issue: 7588 / Categories: Features , Procedure & practice , ADR
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A coming of age

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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
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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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