Disputes

Question 1

What are the three pillars of dispute resolution?

Answer 1

• Arbitration
• Independent expert determination
• Mediation

Question 2

What is Arbitration?

Answer 2

• Appointed in accordance with the Arbitration (Scotland) Act 2010
• Parties are bound by the decision.
• Can call for a hearing and have specialise knowledge on the subject matter in dispute.
• Can’t be sued for negligence, but decision can be overturned by Court of Appeal on a point of law Offers fast, cost effective and confidential solution to the dispute.
• PACT = professional arbitration on court terms used for lease renewal disputes

Question 3

What is Mediation?

Answer 3

• A neutral mediator facilitates the interaction between parties to see if a solution can be found
• It’s a confidential, informal process that’s conducted on a ‘without-prejudice’ basis
• They have no decision making authority, and cannot impose a resolution

Question 4

What is an Independent expert determination?

Answer 4

• Appointed by two parties or president of RICS.
• Binding decision
• Have expert knowledge on the subject matter in dispute.
• Investigate dispute and consider evidence from both parties, as well as forming their own evidence and opinion.
• Offers a fast solution to the dispute.
• Can be sued for negligence.
• An independent expert is appointed by the two parties or by the president of the RICS DRS
• Guidance note on independent expert determination 2016
• Have expert knowledge on the subject in dispute
• Parties bound by decision
• Appointed to investigate the dispute and receives evidence from both parties
• Gathers own evidence and opinion
• Fast solution

Question 5

What would you include on an RICS Dispute Resolution Service Form? What cost?

Answer 5

• Case Information
• Dispute information
• Contact details
• Appointment process
• Disclosures (COI)
• Special requirements
• Fee Arrangement
• Declaration
• £425

Question 6

What is Alternative Dispute Resolution (ADR)?

Answer 6

Dispute resolution techniques that fall outside the scope of court litigation

Question 7

What are the advantages of ADR?

Answer 7

• Speed – less time than court proceedings
• Cost – less cost on professional fees
• Confidentiality
• Informal – not in a court
• Quality of decision making as made by a surveyor with expert knowledge on dispute matter and not a judge

Question 8

How do you handle disputes regarding service charges and repairs?

Answer 8

When handling disputes, I focus on clear communication, ensuring both parties understand the lease terms. Failing direct resolution, I recommend mediation or, in extreme cases, legal arbitration.