ABSTRACT

This chapter aims to show how disputes involving property are resolved and describes the various roles and activities in dispute resolution. It identifies the approaches to dispute resolution and analyses the factors determining which method is adopted for a particular dispute. The chapter outlines the general conduct of a selected approach and examines the various courts, tribunals and other methods. There are many arrangements for settling of disputes. An assessment of the risk of dispute is required and the parties need to agree how any possible dispute should be resolved. Such an approach requires an understanding of the approaches to dispute resolution and the principles which may be used to choose an appropriate method of determination; assuming that choice is available. Criminal matters are for the police and the criminal courts. Court hearings are more formal than tribunal proceedings, which are in turn relatively more formal than other methods of determination.