Senior RICS professional backs dispute resolution service
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11 May 2021
As the fallout of the pandemic continues to create tensions in the commercial property sector, RICS is urging members and other real estate professionals who act for landlords and tenants to make use of its Commercial Rental Independent Evaluation Service (CRIES) to avoid, manage and, if required, resolve disputes.
The government’s voluntary code of practice for the commercial property sector encourages the use of independent mediation procedures, such as CRIES.
“Recommending that landlords and tenants act as economic partners rather than opponents, the code requires transparency and collaboration, with both parties acting reasonably and responsibly to help each other survive and prosper” says Professor Graham F Chase FRICS, who is backing the call to employ CRIES where there is a dispute.
CRIES gives landlords and tenants access to impartial expert evaluators who can facilitate and inform meaningful discussions, and help landlords and tenants reach agreed solutions.
“The evaluator is appointed to help both sides equally by drawing on their own business expertise, negotiating abilities, dispute resolution experience and common sense”, says Chase.
"Using the service will help “inject new life and balance into the marketplace”, he concludes.
How evaluators help resolve disputes
- Evaluators overseeing the process are property professionals and business leaders experienced in their marketplace and in resolving disputes.
- Independent rental evaluation is a distinct process to tackle the tensions now arising between landlords and tenants as owners and occupiers.
- Evaluators can rely on support from other business professionals such as accountants to get to the heart of any issues outside their expertise.
- RICS-appointed evaluators have been specifically trained to provide this service.
- Any party embarking on the evaluation process will not have a professional imposed on them, and there is flexibility to ensure the right person with appropriate expertise is appointed.
- Evaluators are selected so they are free of conflicts of interest and available to support both parties equally.
About the author
Martin Burns
Head of ADR Research and Development, RICS
Martin Burns is responsible for researching and developing commercial activities for RICS in the specialist area of dispute resolution and conflict avoidance. Martin is a qualified barrister and a member of the Chartered Institute of Arbitrators. He joined RICS in 1990 and has gained immense knowledge and expertise in dispute resolution through 34 years working in this sector.
