During the late 1990s, Lord Woolf published his reforms which are otherwise known as the Civil Procedure Rules. These reforms put the onus onto disputing Parties, be they residential, commercial or industrial, to make substantial efforts to resolve their differences and only revert to the Courts as a matter of last resort.
As a result, the number of alterative dispute resolution procedures has increased and their use has become more prevalent. Such procedures include:
- Arbitration.
- Adjudication.
- Mediation
- Expert Determination
- Litigation
- Negotiation
Arbitration
Is a private dispute resolution process in which the parties agree to have the dispute settled by an independent third party arbitrator and to be bound by the decision made. The arbitrator can be chosen by agreement or appointed by a nominated body such as the Royal Institution of Chartered Surveyors (RICS).
The jurisdiction of the arbitrator is fixed by the Parties in advance, with the arbitrator acting fairly and impartially, including giving each party the opportunity of putting their case forward.
Mediation
Is a private dispute resolution process in which the parties usually agree to be bound by the outcome of the mediation process.
Whilst the Mediator is likely to be experienced in the matter of the dispute, he/she will not offer an opinion as to the merit or otherwise of the parties cases but will endeavour to facilitate mutual understanding of the parties respective positions.
Around 80% of all mediations result in the parties reaching agreement as to how to settle their differences.
Expert Determination
The parties instruct a third party expert to decide the dispute which normally relates to a technical or valuation issue. The advantages of the process are Expertise, Speed and Finality, as there is no appeal.
Litigation
Some disputes are not suitable for consideration under any of the Alternative Dispute Resolution (ADRs) procedures set out above. In those cases, where negotiations fail, matters may have to be determined by the Courts. Kirkby & Diamond's Senior Valuers and Surveyors can assist in the preparation of evidence and are regularly appointed by the courts to act as Expert Witnesses. They have experience in presenting evidence in judicial proceedings in the County Courts and at Tribunal hearings.
Negotiation
Even in those cases where a Court hearing seems unavoidable, the advice of Kirkby & Diamond's Expert Valuers and Negotiaters may be sufficient to enable a deal to be brokered to avoid the cost and uncertainty of litigation. Kirkby & Diamond has had some notable successes in this area and are frequently called upon to advise in family and matrimonial disputes involving land and property.