Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Premises recovery through adoption of alternative dispute resolution (ADR) techniques

Premises recovery through adoption of alternative dispute resolution (ADR) techniques PurposeThis paper aims to explore the use of alternative dispute resolution (ADR) techniques as a legitimate means of ejection of recalcitrant tenant in property. This is with a view of providing information that will improve property investment and management.Design/methodology/approachThe paper adopts a case study approach using five selected case studies where ADR approach was used to recover premises.FindingsThe experience from the case studies shows that the use of ADR in premises recovery is effective but has its challenges. In the five case studies, consent judgment, mediation and negotiation were used to recover premises in less than three months compared to an average of 18 months using litigation. Also, the cost in all the cases were lower where they exist at all than when litigation are used. The paper provides useful information to practitioners on the use of the effective alternative approach to recover premises from recalcitrant tenants.Originality/valueThe paper provides practical ways through which recovery of premises could be achieved through non-adversarial technique in developing property markets, which hitherto was not available in literature. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Property Planning and Environmental Law Emerald Publishing

Premises recovery through adoption of alternative dispute resolution (ADR) techniques

Download PDF
14 pages

Loading next page...
 
/lp/emerald-publishing/premises-recovery-through-adoption-of-alternative-dispute-resolution-bXmM6fg1q0

References (28)

Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
2514-9407
DOI
10.1108/JPPEL-06-2018-0015
Publisher site
See Article on Publisher Site

Abstract

PurposeThis paper aims to explore the use of alternative dispute resolution (ADR) techniques as a legitimate means of ejection of recalcitrant tenant in property. This is with a view of providing information that will improve property investment and management.Design/methodology/approachThe paper adopts a case study approach using five selected case studies where ADR approach was used to recover premises.FindingsThe experience from the case studies shows that the use of ADR in premises recovery is effective but has its challenges. In the five case studies, consent judgment, mediation and negotiation were used to recover premises in less than three months compared to an average of 18 months using litigation. Also, the cost in all the cases were lower where they exist at all than when litigation are used. The paper provides useful information to practitioners on the use of the effective alternative approach to recover premises from recalcitrant tenants.Originality/valueThe paper provides practical ways through which recovery of premises could be achieved through non-adversarial technique in developing property markets, which hitherto was not available in literature.

Journal

Journal of Property Planning and Environmental Law – Emerald Publishing

Published: Apr 8, 2019

There are no references for this article.