People and businesses across the UK desire a “fit for purpose” telecoms infrastructure that provides access to current and future generation broadband telecommunications. This requires installation of telecoms infrastructure such as masts, cabling, etc on private and public land.
The RICS Telecoms ADR Service has been developed on the back of consultation with stakeholders representing:
- network providers, who install infrastructure, and
- site providers on whose land infrastructure and apparatus are installed.
The Telecoms ADR Service is essentially designed to underpin the UK government’s wider initiative to encourage these two sector bodies to work together to ensure infrastructure is installed speedily, cost effectively and limit falling out between parties, which can result in court costing both sides time and money.
The service works at two levels:
1. Evaluative mediation
The Telecoms ADR Service can be used to encourage parties to work together to come up with acceptable settlement terms on issues such as valuation, access to land, and compensation. By choosing to mediate, discussions between the network operator and landowner are conducted openly and honestly, with the support of a fair and impartial mediator who is an expert in the matter in dispute.
The mediator allows each party to have equal opportunity to respond, in a fair and safe environment, to matters raised by each other.
The mediator will not impose a decision or outcome and will help both sides to identify terms for resolving their differences.
2. Expert determination
Where mediation does not resolve things, or where parties wish to bypass mediation altogether, the expert determination element of the Telecoms ADR Service can be used.
Expert determination resolves disputes quickly and cost-effectively. RICS will appoint an independent professional who is an expert in the matters in dispute. The expert will consider what the parties have to say but will also apply their own expertise and experience to reach a final decision on how to resolve the dispute. Parties must agree that the expert’s decision will be binding.
Expert determination in a fast and cost-effective way to resolve disputes with finality.
To apply for either a mediator or an expert determiner please complete and send the below application form to drs@rics.org
Published date: 17 February 2022
Published date: 06 July 2023
The regulatory functions of RICS relating to Dispute Resolution Service are led and overseen by the Standards and Regulation Board (SRB).