Using alternative dispute resolution to solve housing problems

Alternative dispute resolution is a voluntary process that can be used to solve housing problems. It is usually cheaper, faster and more informal than legal proceedings.

There are different types of alternative dispute resolution, including arbitration and mediation.

When you can use alternative dispute resolution

You can use alternative dispute resolution instead of going to court, or to help before your court date.

It could be used for housing problems like:

• antisocial neighbours

• splitting up with your partner

• disagreements with your council or housing association

It might not be suitable for emergency situations like domestic abuse.

If you’re not sure if alternative dispute resolution is right for you, get legal advice.

Find a solicitor on the Law Society of Scotland.

Arbitration

Arbitration means an independent professional will make a decision to resolve your dispute.

They do this by hearing both sides of the dispute and looking at any evidence.

Their decision is legally binding.

Find an arbitrator on the Chartered Institute of Arbitrators.

Paying for arbitration

Some arbitrators are free and some have a cost. You could get the cost back if you win the dispute.

Mediation

A mediator is an independent professional who helps you and the other person find the best solution to your problem.

The mediator does not decide any of the terms in the agreement you make.

The decision is only legally binding if both sides sign the agreement.

Find a mediator on Scottish Mediation.

Paying for mediation

You might need to pay for mediation.

If you cannot afford it, look for a mediator who accepts legal aid. This could cover some or all of the costs.

Other options

There are other types of alternative dispute resolution. Check mygov.scot advice on resolving disputes.