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A fresh approach

25 October 2013 / Mair Coombes Davies
Issue: 7581 / Categories: Features , Property , ADR
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ADR in property disputes is a new way to solve an old problem proposes Mair Coombes Davies

There is nothing quite like an argument over who owns the last 6 inches of land to bring out the fighting spirit. It and other property disputes have tested the skills of some of the most astute minds in law and arbitration.

For example, in 1559 Sir Robert Dudley and Sir William Cordell, Master of the Rolls, were appointed by the court to arbitrate between three heiresses to Edward Griffith’s landed estate in Caernarfonshire and Anglesey and the male heir in a dispute which had festered for some six years (“Disputes and settlements in Medieval Wales: the role of Arbitration”, English Historical Review No.CCCCXXI October 1991). However, by 7 December 1559 the parties had entered into recognisances binding themselves to “stande, to obey and bide the awarde, order, judgement and dome” of the two arbitrators. Despite their efforts towards “a loving and friendly end”, the arbitrators found the disputants “so precisely addicted and bent to their

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