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Statutory Means of Dispute Resolution

Statutory Means of Dispute Resolution

As well as the courts, the law provides for many disputes to go to more specialist Tribunals.

Where an agricultural or rural dispute is to be resolved by a tribunal or court, one or both parties may need the services of a CAAV Fellow to advise or act as an expert witness for them, sometimes representing them at a tribunal as an advocate.

Specialist Tribunals include:

for England and Wales:

  • First Tier Tribunal for many property, taxation and other matters
  • the Upper Tribunal (Land Chamber) for statutory compensation and appeals on these issues

A number of tenancy issues under the Agriculutal Holdings Act 1986, including some notice to quit and related issues as well as tenancy succession go:

  • in England, to the Agricultural Land and Drainage First Tier Tribunal
  • in Wales, to the Agricultural Land Tribunal (Wales).

for Scotland:

  • the Land Court for many agricultural tenancy, schemes and crofting issues
  • the Lands Tribunal for Scotland for many property and compensation issues

for Northern Ireland:

  • the Northern Ireland Lands Tribunal for:
    • many property and compensation issues
    • business tenancy continuations

Use of Alternative Dispute Resolution (ADR)

Courts and Tribunals are increasingly looking to parties in dispute to use mediation, arbitration or expert assistance to resolve matters before they add to the load on the judicial system.

More specifically, for issues under the Electronic Communications Code regarding telecommunications masts and broadband fibre optic cales that would be referred to Tribunal, the Product Security and Telecommunications Infrastructure Act 2022 expects operators to refer to the options for ADR.

The CAAV is happy to act as an appointing or nominating body for mediators, arbitrators and independent experts to assist this work.