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3 JUN 2019

Industry leaders attend forum to discuss new solutions to CP disputes

The RICS Thought Leadership Programme recently turned its attention to the challenges faced by professionals and their clients in relation to resolving disputes about compulsory purchase (CP) matters.

Around 25 key influencers and decision-makers attended the Industry Leader Forum at RICS in Parliament Square, London, which was chaired by Neil King QC of Landmark Chambers.

Those who attended the Forum discussed RICS proposals for alternative dispute resolution (ADR), and how RICS and property professionals can help consumers and businesses involved in CP disputes to obtain access to justice without the need for potentially lengthy and costly litigation.

RICS ADR Product Group Director, John Fletcher, said: "Consultation carried out by RICS reveals that there is a genuine need for an alternative form of dispute resolution for compulsory purchase matters."

Given the potential for increasing numbers of disputes in this sector, many of which will be classed as low value matters, there should be a bespoke form of ADR available that addresses the wide-ranging needs of all parties and is fit for purpose".

Parties involved in CP disputes will not necessarily use an ADR process simply because it exists. RICS must put plans in place to get it to market.

John Fletcher
RICS ADR Product Group Director

There was consensus that RICS' involvement in leading a campaign to promote ADR is both welcome and needed. The attendees provided valuable contributions to the discussions and many offered to help RICS to develop and shape an ADR solution that is workable and will be used across the sector.

RICS will now review the feedback provided by those who attended the Forum, and draw on this feedback to refine our proposals for ADR and design a procedure that can work on CPO matters. Engaging with influencers and experienced practitioners is key to making sure the ADR process RICS settles on is viable and will work for CP disputes.

Fletcher says: "Parties involved in CP disputes will not necessarily use an ADR process simply because it exists. RICS must put plans in place to get it to market. This includes persuading government officials to include it in guidance for Local Authorities and seeking support from the judiciary who can advise parties to use the CP ADR solution."

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