Mediation
Disputes often arise when a tenant and landlord cannot agree on the condition in which a property should be returned at the end of a lease.
Alternative Dispute Resolution (ADR) offers two primary methods for resolving disputes: arbitration (including Expert Determination) and mediation, which is becoming increasingly common.
Key points to understand about mediation:
- Mediation as a Preferred Approach: The Dilapidations Protocol strongly encourages mediation as the primary method of resolving end-of-lease disputes, helping avoid costly litigation.
- Alternative Dispute Resolution (ADR) Options: Mediation is one of two ADR methods (alongside arbitration) that provide structured ways to settle disputes outside of court.
- How Mediation Works: It is a collaborative process where an independent mediator facilitates negotiations between tenants and landlords to reach a fair resolution.
- Efficiency and Cost-Effectiveness: Mediation is usually arranged within a month, lasts about a day, and costs are shared between both parties, making it quicker and more affordable than legal action.
- Role of the Mediator: Often a barrister, the mediator conducts joint and private discussions, guiding both sides through the complexities of dilapidations disputes.
- Key Benefits: Mediation reduces legal costs, speeds up dispute resolution, and provides more flexible and mutually acceptable outcomes compared to litigation.
In particular, it should be noted that in mediations:
- Everything discussed remains confidential
- More than 85% settle on the day, or shortly thereafter
- To reject, or ignore, an offer for mediation risks a sanction on costs in court even if you ‘win’
This service helps landlords and tenants facing potential conflicts over property maintenance issues, and ensures a fair and ethical resolution that minimises risks and legal obligations.
Our team at Dilapsolutions includes an Accredited Mediator who possesses extensive expertise in effectively resolving dilapidation disputes through mediations.
We understand the importance of providing effective mediation services that minimise risk and promote fair resolutions for all parties involved.
By following industry protocols and considering all relevant factors at play in your dispute resolution process, we aim to ensure that your rights are properly protected while promoting a positive outcome for both landlords and tenants alike.
Trust us to provide you with award-winning advice and support as you navigate through challenging situations - when it comes to resolving conflicts ethically and effectively, Dilapsolutions has got you covered.
Arbitration
In some commercial lease agreements, there may be provisions for resolving disputes through Alternative Dispute Resolution (ADR) methods such as arbitration. This process is more formal and follows the guidelines set out in the Arbitration Act 1996, often involving expert witnesses to assist in reaching a resolution. For further information on this option, please feel free to contact us.
This expert witness will provide comprehensive reports for each party involved in a dispute to a qualified Arbitrator, who is typically appointed by the Royal Institution Of Chartered Surveyors (RICS).
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Resolving dilapidation disputes is most commonly achieved by skilful negotiation, and we pride ourselves in being able to secure this most of the time.
However, when stalemate proves impossible to avoid, our highly experienced chartered surveyors (both ‘building’ and ‘valuation’) – who are also qualified Arbitrators and Accredited Mediators – will lead you diligently and with confidence through the dispute resolution process.
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Dilapsolutions
Chartered Surveyors
We are the only dilapidations consultancy in the UK & Ireland that provides both Chartered Building and Valuation Surveyors, ensuring the best results for our clients.