Mediation can help where a dispute has arisen and the parties cannot reach an amicable resolution. Communication between the two parties has usually broken down when they seek a mediator’s help.
The mediation process does not seek to determine who is right or wrong, but tries to help the parties move towards settlement in a realistic and cost effective manner.
A typical mediation lasts for a half or a full day.
Leases and contracts can often refer disputes to arbitration, when parties cannot agree a matter, such as a rent review, for example.
The arbitration process can be started even if the parties subsequently agree between themselves.
Unlike mediation, the outcome of the arbitration, called an ‘Award’ is binding and is enforceable by a court of law.
An expert witness report can be used if a dispute arises between two parties, for example over the valuation of a property or an allegation of negligence.
When acting as an expert witness, a surveyor has a duty to be truthful to the facts, and to give independent, objective and unbiased advice.
If Court proceedings have started or if the matter progresses to Court the surveyor is bound by Part 35 of the Civil Procedure Rules and he must produce a report that complies with these rules.