Housing dispute resolution rules
1. Introduction
1.1 These Housing Dispute Resolution Pathway Assessment Rules (the “Rules”) govern the administration of the ClearPoint Housing Dispute Resolution Pathway Assessment.
1.2 The purpose of the Pathway Assessment is to assist parties in identifying the dispute resolution process most appropriate for their housing dispute.
1.3 It supports informed decision-making before mediation, Early Neutral Evaluation, arbitration or litigation, or where proceedings are already underway.
1.4 The Pathway Assessment is an independent procedural assessment. It does not determine legal rights, resolve the dispute or constitute legal representation.
1.2 The purpose of the Pathway Assessment is to assist parties in identifying the dispute resolution process most appropriate for their housing dispute.
1.3 It supports informed decision-making before mediation, Early Neutral Evaluation, arbitration or litigation, or where proceedings are already underway.
1.4 The Pathway Assessment is an independent procedural assessment. It does not determine legal rights, resolve the dispute or constitute legal representation.
2. Scope
2.1 These Rules apply to all Housing Dispute Resolution Pathway Assessments administered by ClearPoint.
2.2 ClearPoint may accept referrals from individuals, housing solicitors, law centres, local authorities, housing associations, registered providers, charities, advice organisations, landlords, tenants and any other person or organisation with a legitimate interest in the dispute.
2.3 ClearPoint reserves the right to decline any referral where it considers the dispute unsuitable for the Pathway Assessment process.
3. Purpose of the Assessment
3.1 The purpose of the Assessment is to identify the dispute resolution process most likely to assist resolution.
3.2 The Assessment may consider whether the dispute appears suitable for Housing Mediation, Housing Early Neutral Evaluation, Housing Arbitration, further investigation, additional evidence gathering, legal advice, litigation or another appropriate course of action.
3.3 The Assessment is intended to assist—not replace—the professional judgment of legal representatives.
4. Nature of the Process
4.1 The Pathway Assessment is administrative and evaluative in nature.
4.2 It is not mediation, legal advice, legal representation, arbitration, a judicial determination, a merits determination or a binding decision.
4.3 Any recommendation produced following the Assessment is advisory only.
5. Commencing the Assessment
5.1 A Pathway Assessment commences when ClearPoint accepts a completed referral.
5.2 The referring party shall provide sufficient information to enable the Assessment to be undertaken.
5.3 ClearPoint may refuse to commence an Assessment until all required information has been received.
6. Referral Information
The referring party should provide, where available: names and contact details of the parties; a summary of the dispute; procedural history and current stage of proceedings; relevant correspondence, court documents and tenancy documents; supporting evidence; desired outcomes; and any other relevant information.
7. Initial Suitability Review
7.1 Following receipt of the referral, ClearPoint will undertake an initial review.
7.2 The review may consider whether the dispute falls within ClearPoint’s remit, whether ADR appears suitable, urgency, procedural posture, available information, participation of relevant parties and any other factor affecting suitability.
7.3 ClearPoint may request further information before proceeding.
8. Appointment of an Assessor
8.1 Where accepted, ClearPoint shall appoint an independent housing specialist.
8.2 The Assessor shall be selected having regard to experience, subject matter expertise, independence and availability.
8.3 The Assessor must disclose any conflict of interest immediately upon becoming aware of it.
9. Independence and Impartiality
9.1 Every Assessment shall be conducted independently and impartially.
9.2 The Assessor shall not advocate for either party.
9.3 The Assessor shall approach every Assessment objectively and without favour.
10. The Assessment
10.1 The Assessor may review the issues in dispute, legal context, factual complexity, procedural stage, available evidence, urgency, relationship between the parties, practical barriers to settlement, Equality Act and public law considerations, and any other relevant matter.
10.2 The Assessor may request additional information.
10.3 The Assessment may be conducted solely on the papers unless a meeting would assist.
11. Meetings
11.1 ClearPoint may arrange a meeting with the referring party where clarification would assist.
11.2 Any meeting shall normally be conducted remotely unless otherwise agreed.
11.3 Meetings form part of the Assessment process and do not constitute mediation or legal advice.
12. Recommendation
12.1 On completion, the referring party will receive a written Pathway Recommendation.
12.2 It may include a summary of the dispute, key issues, procedural observations, suitability for ADR, a recommended process, suggested preparatory steps, further evidence required and recommended next actions.
12.3 Recommendations are advisory only.
13. No Legal Advice
13.1 The Pathway Assessment does not constitute legal advice.
13.2 Nothing within the Recommendation creates a solicitor-client or barrister-client relationship.
13.3 Parties should obtain independent legal advice where required.
14. Confidentiality
14.1 Information provided during the Assessment shall be treated as confidential.
14.2 ClearPoint shall not disclose information except where authorised, required by law or necessary for administration of the Assessment.
15. Communications
15.1 Communications shall ordinarily take place electronically.
15.2 ClearPoint may determine the most appropriate method of communication throughout the process.
16. Fees
16.1 Fees shall be published separately.
16.2 The Assessment will not normally commence until payment arrangements have been confirmed.
16.3 ClearPoint may require payment in advance.
17. Withdrawal
17.1 A referring party may withdraw the referral at any time before completion.
17.2 ClearPoint may terminate an Assessment where insufficient information is provided, the matter is unsuitable, payment is not received or continuation is otherwise inappropriate.
18. Liability
18.1 ClearPoint administers an independent assessment process.
18.2 Neither ClearPoint nor the Assessor guarantees settlement or any particular outcome.
18.3 The referring party remains responsible for decisions taken following receipt of the Recommendation.
19. General
19.1 ClearPoint may amend these Rules from time to time.
19.2 These Rules apply unless otherwise agreed in writing.
19.3 The latest published version applies to every Assessment accepted after publication. End of Rules.
The rules continue below: referral information, suitability, independence, confidentiality, fees, withdrawal, liability and general terms.
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