Summary and implications
Property contracts commonly provide (often by default) for
litigation in the event of a dispute arising. However, the courts
may not always necessarily offer the best way of resolving
disputes, particularly where the parties want to continue to enjoy
a close working relationship. Indeed, there are some key property
related disputes that are much better resolved through alternative
dispute resolution (ADR).
The purpose of this article is to identify the discrete areas
where ADR is used effectively in a property context, and to
consider the advantages of different types of dispute
resolution.
Litigation or ADR?
ADR is a collective description of methods of resolving disputes
otherwise than through the normal trial process. The potential ADR
mechanisms available are manifold and include:
