Dispute Resolution2019-06-17T16:36:38+01:00

Dispute Resolution

Work we undertake often involves the resolution of problems relating to land and property; indeed we like to think of ourselves as problem solvers for our clients.

However, when negotiation fails to achieve a satisfactory resolution or the opportunity to negotiate does not occur and a dispute arises it may become necessary to appoint a third party to settle the dispute.

We are familiar with referrals to Arbitrators, Independent Experts, Mediators, Tribunals, Inspectors or the Courts.  The background to the dispute and legislation involved will dictate any appointment and we are familiar with most approaches having extensive experience in all aspects of property disputes.

Arbitrator and Independent Expert Appointments

We have Partners who are able to accept appointments to act as an Arbitrator or Independent Expert in areas of relevant experience and expertise where there are no conflicts of interest. A conflict of interest check in accordance with the RICS guidance will be made before any appointments are accepted.

Case Presentation and Management

We are familiar with most roles normally encountered in dispute resolution, these roles may include acting as Case Manager, Advocate or Expert Witness.  We are also able to present a client’s case at Arbitrations, Public Inquiries, Tribunal Hearings and the like.

Expert Witness Appointments

In areas of proven professional competence our Partners accept instructions to provide Expert Witness evidence to the Courts and at Arbitrations, Planning Hearings, Public Inquiries etc.

When undertaking the role and duties of an Expert Witness, we identify the particular requirements of the legislation and carry out our instructions accordingly.  We are familiar with and follow the requirements of Part 35 of the Civil Procedure Rules and as Chartered Surveyors we follow the RICS Practice Statement and Guidance “Surveyors Act as Expert Witnesses”.

Mediation

A means of dispute resolution which is gaining in popularity is mediation, which can be most suitable in cases involving issues which are not within the jurisdiction of the Court or where the future relationship of the parties is relevant.  We can advise on the suitability of mediation, secure the appointment of an experienced mediator and assist the client throughout the process.

Compare