The discussion of the potential of alternative dispute resolution (ADR) methods is appropriate and timely given the uncertain financial times. It does seem right to put some limit on costs to those involved in neighbour disputes. In the Irish courts there is a general trend moving from litigation to mediation in all types of disputes. The objective of the dissertation was to investigate the use of mediation in resolving boundary disputes in Ireland today.
In order to achieve this aim it was necessary to examine in detail the fundamentals contributing to boundary disputes arising as well as to examine the fundamentals of ADR and mediation. Gaining an understanding of the role the professional surveyor in the equation would present a holistic approach to the objective. Three boundary dispute case studies and a number of interviews with a number of practioners in the area of research were undertaken to highlight the merits of using mediation in improving Ireland’s approach to dealing with boundary disputes.
A number of issues were discovered at the conclusion of the study that if dealt with would improve the handling of boundary disputes in Ireland. These include the implementation of a mediation service by certifying surveyors as licensed surveyors and licensed mediators and the gradual introduction of a conclusive boundary system to Ireland.