Few dilapidations cases end up in court (less than 1%), and most are in fact agreed. However, for those that cannot be agreed, mediation tends to be the preferred route of Alternative Dispute Resolution (ADR) these days.
Our professionals in both fields of chartered valuation surveyors and chartered building surveyors are seasoned expert witnesses, chartered surveyors, chartered arbitrators and accredited mediators. As such, they will always perform to the optimum outcome on your behalf.
For end-of-lease dilapidations disputes, the Dilapidations Protocol encourages the parties to use mediation as the preferred form of Alternative Dispute Resolution (ADR), rather than going to court.
Mediation is not an adversarial process, nor does the mediator come to any judgement or award. Most mediations last a single day and can be arranged quickly, with each side paying one-half of the mediator’s fee and the fees of any professionals on their own side.
Consider the mediation of dilapidations disputes to be ‘assisted negotiations’. The mediator is there to help the parties find their own path to resolving the dilapidations dispute.
More than 85% of mediations either settle on the day or within a week or two following.
Achieving the best outcome for you at mediation very much hinges on having the highest calibre of professionals (both chartered valuation surveyors and chartered building surveyors) representing you throughout negotiations, in the preparation of reports and ultimately, in explaining their opinions to the mediator on the day.
CIArb exists for the global promotion, facilitation and development of all forms of private dispute resolution around the world to maximise the contribution that dispute resolution practitioners make
Paul J Raeburn
BSc (Hons) MRICS DipArb FCIArb
RICS Accredited Mediator
BSc (Hons) MRICS ACIArb
RICS Registered Valuer
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