Alternative Dispute Resolution
Resolving Land Disputes Through Dialogue
Overview
What is ADR?
Alternative Dispute Resolution (ADR) refers to ways of resolving disagreements outside formal court proceedings, such as negotiation, facilitated dialogue and mediation.
In land matters, ADR brings the parties together to discuss the issues, consider the available information and explore solutions that they can accept. Where a matter cannot be resolved in this way, or requires formal determination, the parties may be advised to pursue other appropriate avenues.
Our Approach
Why PCLS Uses ADR
Dialogue first
Encourages parties to talk through disagreements in a structured setting.
Preserves relationships
Less adversarial approaches can help families, neighbours and communities maintain relationships.
Grounded in records
Discussions can be informed by the documentation and records available to the Secretariat.
Practical and accessible
Offers a practical first step before, or alongside, more formal processes where appropriate.
Scope
Types of Disputes That May Be Referred
Boundary disagreements
Differences over the extent or location of property boundaries.
Overlapping claims
Situations where more than one party asserts an interest in the same land.
Ground-rent matters
Disagreements relating to ground-rent accounts, payments or arrears.
Documentation discrepancies
Differences between documents, records or information held by parties.
Family and stakeholder matters
Disagreements among stakeholders over customary land administration.
Landholder relationships
Matters between landholders and landowning families or other parties.
How It Works
General ADR Process
Submit Enquiry
Contact the Secretariat and describe the land-related matter.
Case Review
The Secretariat reviews the information and relevant records.
Stakeholder Engagement
The relevant parties are identified and invited to engage.
Mediation
Facilitated dialogue helps the parties explore mutually acceptable solutions.
Resolution / Next Steps
Parties are advised on the outcome, or on referral to the appropriate authority where required.
Documentation Participants May Need
Requirements may vary depending on the nature of the matter. Contact the Secretariat before your visit to confirm the relevant documents. As a general guide, it can help to bring:
- Any documents you hold relating to the land or property in question
- Site plans, location details or references, where available
- Receipts, notices or correspondence connected with the matter
- Identification, and contact details for the parties involved
This is general guidance, not an official checklist.
Role of Mediation
Mediation is a facilitated conversation in which the parties work towards a resolution together. It relies on the willingness of the parties to participate in good faith.
Facilitated discussion
A facilitator helps each party to be heard and to understand the other's position.
Balanced process
Parties are given a fair opportunity to present their concerns.
Mutually acceptable outcomes
The aim is a solution that the parties themselves can accept.
Important Disclaimer
Information on this page is intended for general guidance and does not constitute legal advice. Specific cases may require additional procedures or referral to the appropriate authorities.
ADR through PCLS does not replace the Lands Commission, the courts, other statutory institutions, or traditional authorities acting within their legal mandates.
Start a Conversation
Talk to the Secretariat About a Land Matter
Submit an enquiry describing the matter. The Secretariat will review it and advise on the appropriate next steps.