ADR

Question 1

adjudication

Answer 1

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the parties involved

Question 2

mediation

Answer 2

Parties who opt to use mediation agree that they want to try to negotiate a settlement of the issues. They instruct an experienced mediator to help them engage in meaningful dialogue, explore the disputed issues in detail and keep them focused on achieving an amicable outcome. If they cannot agree on a mediator, or do not know who to approach, they can ask RICS to make the appointment for them.

Question 3

Arbitration

Answer 3

Arbitration is a form of alternative dispute resolution where both disputing parties agree for a decision to be made by an independent arbitrator (or a panel of arbitrators). The process is formal, similar to court proceedings – but, unlike open court, it is private and confidential.

Question 4

Expert Determination

Answer 4

Like arbitration, expert determination is a private process where an independent technical expert is appointed (by the parties themselves or by an appointing body such as RICS) to conduct their own investigation and reach a decision on the dispute. Expert determination is often used when the dispute focuses on a technical issue rather than a legal one. The technical expert will be required to use their expertise, knowledge and experience to come to a decision.