Culverin ADR Limited

Who are we?

Culverin are a provider of Alternative Dispute Resolution Services to Buyers and Sellers of residential property in England and Wales (the “Parties”) who use the services of Gazeal Limited (a company incorporated according to the laws of England and Wales with Registered Number 06772691 and whose registered office is 41 Devonshire Street, London W1G 7AJ to reserve that sale using the Gazeal Reservation Agreement.

What we do?

We deal with disputes under the Gazeal Reservation Agreement, the value of which start at £2,000 and may be as high as the Parties agree between them that they will pay the other (“the Commitment”) in the event that they withdraw from the sale unreasonably, as defined and as recorded in the terms of the Agreement. Gazeal are a party to the Gazeal Reservation Agreement as Guarantor of each Party’s obligations vis-à-vis the Commitment, and the ADR service that Culverin provides is binding on them.

Disputes referred to Culverin are resolved according to the principles of the laws of England and Wales, being the system of law applicable to the types of disputes with which Culverin deals.

Our Alternative Dispute Resolution Service is provided exclusively in English, so all complaints must be received in English and the procedure will be conducted in English.

You can read here the Rules for the Resolution of Disputes under the Gazeal Reservation Agreement that set out the process of how the Alternative Dispute Resolution Service that we provide works.

More information

We will in all cases seek to Mediate between the Parties and seek agreement but no Party is obliged to engage with Mediation, the outcome of Mediation is not binding on either party, and either Party may opt to refer the matter in to dispute to Expert Determination at any time (subject always to such referral being within a reasonable time, which is generally understood to be two weeks, following either the termination of the Reservation Agreement or the conclusion of the Mediation).

Before commencing either Mediation or Expert Determination, the claiming Party should have attempted to resolve the dispute with the other Party either through the relevant Estate Agent, or through the member of staff at Gazeal who is allocated to their case, and if this is unsuccessful must give authority for Gazeal to give Culverin access to their data, and authority for such of their professional advisers as Culverin may reasonably need to communicate with Culverin and to disclose such information as Culverin may reasonably require to either mediate and resolve the dispute, or to prepare the case for Determination by the Expert or Arbitrator ("Expert").

Mediation is at no cost to either Party. There are fixed costs associated with a hearing before the Expert, which are 10% of the Commitment, or £350, whichever is the greater.

Either Party may refer a question to the Expert, but that Party may withdraw their claim at no cost at any time prior to the Expert being instructed by Culverin with regard to that matter.

The process of Expert Determination is set out in the Rules for Mediation and Expert Determination. If either Party wishes to ask for these Rules to be varied, they may apply, through Culverin, to the Expert for a Direction, on notice to the other Party, specifying the reason for the request, after paying the application fee of £50 per Direction. Following instruction of the Expert, costs as described in the preceeding paragraphs will be payable.

Mediation is not binding on either party, unless it terminates in written agreement that is intended to be binding. The Opinion of the Independent Expert, and any Award made by him is binding on the Parties and on Gazeal as concerns their Guarantee.

The procedure for Expert Determination is in writing, and while he has the power to give such a direction, it is very rare that the Independent Expert will consider it appropriate to hear oral argument unless he deems the matter to be Complex and that it is there for appropriate to hear all evidence of the party or an expert or representations from advocates, or all three.