ADR

Question 1

What types of ADR are there

Answer 1

1. Arbitration
2. Independant Expert Determination
3. PACT (Professional Arbitration on Court Terms)
4. Mediation
5. RICS Dispute Resolution Scheme

Question 2

What is Arbitration

Answer 2

• Arbitrators have specialist knowlde of a subject area, but must only use information provided.
• Arbitratord cannot be sued for negligence
• Normally used for commercial property
• Binding agreement

Question 2

What are the benefits of ADR

Answer 2

• Speed, less time than lengthy court proceedings
• Informality, no court
• Cheaper
• Confidential
• More opportunity for negotiation

Question 3

A

Independant Expert Determination

Answer 3

• They have specialist knowlegde but also must make their own investigations and use their own knowldge to reach a decision.
• Normally used in rent review disputes
• Binding agreement

Question 4

What is PACT (Professional Arbitratio on Court Terms)

Answer 4

• Used for business tenancy renewals under the 1954 act

Question 5

What is Mediation

Answer 5

• Mediator who faciliates disucssions between parties
• Without prejudice
• Cannot impose decision

Question 6

RICS Dispute Resolution Service

Answer 6

Provides ADR to numerous areas such as :
- Arbitration
Telecoms ADR
Boundary Dispute ADR