Alternative dispute resolution
What is alternative dispute resolution?
About leasehold disputes
Disputes are a natural part of life. People see things differently, do not behave in the same way and will of course have their own individual outlook on life.
Disputes involving residential leasehold property are common. Leases are complex documents and not easy to understand. They often lead to different interpretations of complex clauses.
For instance, when it comes to a window replacement programme in a block of flats, many leaseholders do not see why they should pay for other people’s windows. If the lease does not make any reference to windows, a complex dispute is almost inevitable.
Problems between neighbouring flat owners are a regular area for disputes. Noise from upstairs, children’s bicycles left in the hallway, the bath and shower frequently overflowing. These sorts of issues can sour relationships and spoil your quality of life.
Why use alternative dispute resolution (ADR)?
Alternative dispute resolution works well and has a good success rate. It puts you in the driving seat and not relying on the judgment of a court or tribunal over which you have no control. And it is voluntary. You can walk away at any time if you do not feel you are making progress and still reserve your right to go to court or tribunal.
Both the courts and some professional bodies such as the Law Society, the Association of Retirement Housing Managers (ARHM), the Association of Residential Managing Agents (ARMA) and the Royal Institution of Chartered Surveyors (RICS) encourage parties to explore ADR.
The Federation of Private Residents Associations (FPRA) is a long-established organisation representing long leaseholders in England and Wales and also recommends the use of ADR to resolve disputes.
Types of ADR
The most well-known type of ADR is mediation. But there are others available. As well as mediation, this guide covers arbitration, adjudication and Early Neutral Evaluation.
- Last updated:
- 6 January 2023
- Next review:
- 12 December 2026