ADR for Compulsory Purchase Disputes

Parties can choose to resolve their dispute via:

a. Independent Determination

The parties agree that the dispute will be decided for them by an experienced Independent Determiner who is also an expert in the subject matter. The Independent Determiner will base their decision on an assessment of:

i. the evidence submitted by each of the parties,

ii. the results of their own investigations,

and

iii. application of their own knowledge and expertise.        

Independent determination is well suited to resolving disputes that are centred around a single question or issue such as the amount of compensation to be paid.

b. Evaluative Mediation

The parties agree to negotiate a settlement of the issues in dispute with the help of an experienced Mediator who is also an expert in the subject matter. The Mediator will help them to engage in meaningful dialogue, explore the issues in dispute in detail, and keep them focused on achieving an amicable outcome.

Mediation is well suited to disputes where that are multiple issues requiring resolution, or where the dispute is particularly complicated or impacted by peripheral matters, or where the claimant is a large business with more sophisticated wants and needs.

Application fee

An application fee of £300 plus VAT is payable to RICS for processing the appointment of an Independent Determiner or Mediator.

Independent determination

The fees payable to the Independent Determiner are £260 per hour (plus VAT) to a maximum of 12 hours, plus reasonable disbursements. Should the parties agree that more time is necessary, an hourly rate for additional hours will be agreed by the parties and the Independent Determiner.

Mediation

The fees payable to the Mediator are £260 plus VAT per hour to a maximum of 9 hours, plus reasonable disbursements. Should the parties agree that more time is necessary, an hourly rate will be agreed by the parties and the Mediator.