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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

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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