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30 November 2012 / Martin Burns
Issue: 7540 / Categories: Features , Property
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New kid on the block

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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

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MOVERS & SHAKERS

Clarke Willmott—Anita Rasaratnam

Clarke Willmott—Anita Rasaratnam

Clarke Willmott strengthens social housing development offering with senior London appointment

Trowers & Hamlins—David Meecham

Trowers & Hamlins—David Meecham

Trowers strengthens Birmingham real estate team with partner hire

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan expands private client and regulatory teams with new legal directors

NEWS
A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
Helping to source the services and providers you need
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
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