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Alternative dispute resolution

About alternative dispute resolution

Disputes involving residential leasehold property are common. It is not unusual for leaseholders to disagree with the landlord (freeholder) about service charges, insurance, building management or the conditions of a lease.

Alternative dispute resolution (ADR) – sometimes called non-court dispute resolution (NCDR) – helps people settle disagreements without going to a tribunal or court. In most cases ADR is also cheaper and faster than legal action.

Professional bodies, including the Law Society and the Royal Institution of Chartered Surveyors (RICS), encourage the use of ADR.

The main types of ADR suitable for resolving leasehold disputes

  • Mediation: an impartial professional (mediator) helps both sides work out an agreement
  • Arbitration: an independent arbitrator hears both sides and makes a decision that is usually legally binding
  • Early neutral evaluation: an independent person (usually a judge or lawyer) is appointed to give a non-binding opinion on the merits of the parties’ cases

The type of ADR that’s suitable for you will usually depend on what your dispute is about. Your lease will sometimes specify how to resolve a dispute.

When to use alternative dispute resolution

You could use ADR:

  • if you and the other party in a dispute agree to ADR
  • if your lease specifies the use of ADR – however, the law protects you from unfair terms, such as a clause giving the landlord’s surveyor the power to resolve a dispute
  • if a tribunal or judge encourages or instructs you to use ADR
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ADR would not be appropriate if your landlord is taking steps to end your lease (called forfeiture).

Last updated:
21 September 2026
Next review:
21 September 2028
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