Jurisdiction(s):
United Kingdom

Scottish Property ADR: Negotiation, Mediation, Expert Determination, Arbitration, Adjudication and ENE; Clause Drafting, Enforceability and Interaction with Court Proceedings

Published by a LexisNexis Property Disputes expert

Practice notes

When disagreements arise in property transactions, parties typically have a number of avenues for resolving matters, each bringing its own benefits and drawbacks. This Practice Note explores those routes and provides examples of the types of property dispute that may lend themselves to settlement through alternate dispute resolution (ADR).

ADR in property disputes

It is well recognised that ADR can be an effective method of resolving disputes, especially in property disputes and other commercial transactions. ADR is:

efficient
cost-effective
capable of producing settlements that courts may not be able to replicate
more imaginative than judicial awards
tailored to the commercial needs of the parties

At present, ADR is not compulsory in Scotland, so it is not a necessary pre-requisite to legal proceedings; however, practitioners still have obligations to advise on, and consider, ADR...

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Stephanie Hepburn

Shepherd and Wedderburn

Stephanie is a Partner in Shepherd and Wedderburn's litigation team specialising in dispute resolution, primarily in the rural and private client sectors. Her practice has a particular focus on property disputes, including title conditions (servitudes and burdens), public rights of responsible access (the right to roam), boundary disputes and nuisance claims. She is also a specialist in crofting law, supporting clients active in the renewable sector as well as land owners. Whilst her focus is on helping clients resolve disputes without the need for formal action, she has extensive experience of alternative dispute resolution, including mediation but also manages disputes in the Court of Session, sheriff courts, the Lands Tribunal for Scotland, the Scottish Land Court and the First Tier Tribunal. ...

Web page updated on 22/05/2026

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