Winning ways with mediation

Article Abstract:

Alternative dispute resolution (ADR) is a means of resolving disputes without resorting to litigation. It is not a fight, so there are not the winners and losers associated with the courtroom battle, and it is particularly useful where the parties need to continue a commercial association after their dispute is resolved. ADR is conducted through a trained mediator who listens to all arguments and helps the parties to arrive at mutually aggreeable solution. Parties reach agreement in 80% of the cases and find it much quicker and cheaper than litigation.

Evaluation, Mediation

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Hearsay

Article Abstract:

The use of expert witnesses has attracted mixed opinions recently, and surveyors considering whether to accept such an appointment should bear this in mind. There is particular controversy surrounding the issue of the use of hearsay evidence. Strict rules regarding hearsay evidence will probably be amended, which will make the situation easier for the expert witness. However, there appear to be no moves towards setting out the criteria for quoting comparable evidence.

Evidence, Hearsay, Hearsay evidence

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Calling in the experts

Article Abstract:

Settling disputes in court often requires the services of an expert witness to give evidence in an unbiased, clear and precise manner. The UK Academy of Experts is strongly against the payment of experts for their services as this may undermine the evidence of the expert. A good expert will know the language of the court, how to address the various court members and being willing to work with experts from the opposing team to clarify issues.

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