A method, apparatus, and computer program product provide for solving merge candidate list mismatches. In the context of a method, the method accesses a current coding unit of a picture. The method can also generate a merge candidate list comprising a plurality of coding unit representations in a predefined order. The method also determines whether a particular coding unit representation within the merge candidate list is representative of a coding unit within a dirty area of the picture and prevents the particular coding unit representation and one or more coding unit representations following the particular coding unit in the predefined order from being selected as a merge candidate for the current coding unit.