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The mediation of property and valuation disputes

Author

Listed:
  • Gould, Nicholas

    (Fenwick Elliott LLP, UK)

  • Patel, Roma

    (Trainee Solicitor, Fenwick Elliott, UK)

Abstract

Over the years alternative dispute resolution (ADR) systems have progressed, the pre-action protocols often require parties to consider ADR before using adjudicative procedures. As a result trends and rises in mediation in recent years are unfounded. Notably there has been an increase in the use of mediation in the construction and property sector. The combination of new technologies and COVID-19 has led to an increase in online mediation. This paper investigates research findings that shows the benefits of mediation in construction and property related disputes, namely its cost benefits and maintenance of working relationships and assesses the findings from Centre for Effective Dispute Resolution’s Ninth Mediation Audit. The process of mediation is an important one and choosing the right mediator should not be overlooked.

Suggested Citation

  • Gould, Nicholas & Patel, Roma, 2022. "The mediation of property and valuation disputes," Journal of Building Survey, Appraisal & Valuation, Henry Stewart Publications, vol. 11(1), pages 43-56, June.
    • Handle: RePEc:aza:jbsav0:y:2022:v:11:i:1:p:43-56
    as

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    More about this item

    Keywords

    mediation; alternative dispute resolution; construction disputes; property disputes; conciliation;
    All these keywords.

    JEL classification:

    • R3 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Real Estate Markets, Spatial Production Analysis, and Firm Location

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