Dispute resolution is best achieved without the need to go to court. However, if a dispute cannot be dealt with through negotiations another means will be necessary. There are various options available to the parties. Whichever option is chosen, Malcolm Hollis can provide the necessary expertise that ensures the best chance of success, whether that be through the traditional litigation process or alternative mechanisms.
Experience
Malcolm Hollis has been involved in providing expert evidence over many years in relation to dilapidations, service charges, rights of light, boundary disputes, party walls and negligence cases. This has enabled us to build up a close association with many solicitors specialising in litigation matters and also various Chambers.
Fundamental to any successful outcome on behalf of the client is both an understanding of the legal framework within which we operate as professionals and the delivery of documentation, which properly and cogently addresses the issues at stake. This is a highly skilled function and can only be discharged by surveyors that understand their duty in providing evidence (the over riding duty is to the judicial body to whom the evidence is given) and rigorously adhere to that duty at all times.
Options
Settling disputes by means of the traditional litigation route through the courts is an expensive business. The advent of the latest Civil Procedure Rules (CPR) encourages the parties to a dispute to seek alternative means of dispute resolution (ADR) where possible. Generally it is our experience that there is a poor understanding in the market place as to the availability of these other options and a brief summary of the main alternatives is provided below.
Arbitration involves a very thorough forensic investigation of a dispute and it is the arbitrator’s function to make a decision based on evidence presented by the parties, or by further inquiry. The arbitrator will then publish an Award which is final and binding on the parties, although there are limited rights of appeal to the courts. However, arbitrations can take some time to conclude and may therefore still entail significant costs, in particular where the disputes are of a multi-party nature.
Mediation is becoming an increasingly popular form of ADR. Whilst the mediator manages the framework of the mediation, the parties retain responsibility for the resolution of the dispute and all discussions are on a “without prejudice” basis. This enables the parties to freely discuss the strengths and weaknesses of their case with the mediator, and with the other side, without compromising their position in the event that a settlement is not reached. The cost of mediation is considerably less in comparison to pursuing the matter through the courts or through arbitration.
Independent Expert Determination involves determination by an appointed expert in the field. The decision will be based on that expert’s knowledge, experience and investigations which are normally based on submissions made by the parties to the dispute. Malcolm Hollis have surveyors elected to the current panel of independent experts from which the President of the Royal Institution of Chartered Surveyors is able to select. The independent expert’s decision, known as determination, is final and binding and there is no right to appeal.
Professionalism. Whatever option is chosen it is clearly essential that the client understands in detail how the process is designed to work. Further information can be provided upon request. In the event that the client still prefers to pursue a matter through the traditional litigation process via the courts Malcolm Hollis can also provide clear guidance on how best to proceed.
It should be recognised that, even in the event of proceeding down the litigation route, there are opportunities to resolve disputes much more cheaply before the matter actually gets to court. The chances of obtaining such a result in our experience considerably increased if there is a good understanding by both solicitor and surveyor of the objectives of the client. The production of a suitably robust expert report (one which can be demonstrated as withstanding close scrutiny and questioning) should significantly enhance the client's prospects of securing a successful resolution that avoids ultimately expensive court action.
Dispute Resolution Products
- Expert witness and litigation support
- Alternative dispute resolution
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