Mediation

If the dispute involves parties which are connected, either as neighbours, builders, advisors or other direct relationships,  Then yes, due to personal connection between the parties, often mediation empowers the parties to find a resolution they can all live with and move forward from.

If legal costs are of concern and the matter in dispute is personal, then yes, mediation gives you control of expenditure and keeps you in control of the decisions made.

If the stress of preparing and attending court hearings in regards to the dispute is equally as dauting as the dispute itself, then Yes, Mediation may provide you with a more intimate setting in which to discuss the dispute.

If you want to be able to manage the time spent on the dispute and do not want the dispute to become a drain on future invested into the resolution, then yes, Mediation is a quicker process than attending Court hearings and is usually dealt with within one session.

If you want a safe environment in which to discuss and disclose information regarding the dispute, then Yes, Mediation is confidential and the process is undertaken without Prejudice.

In fact there are very few disputes within the umbrella of neighbouring and construction disputes that would not benefit from Mediation.  The empowerment of the parties whom own the dispute alongside the cost and time management that are offered by the process means that resolution is usually achievable with around 80-90% of all disputes being resolved through this process.

There are two main ways in which mediators assist parties in reaching their own decision, which correspond to two types or models of mediation practiced throughout the world. Under the first model, facilitative mediation, the mediator endeavours to facilitate communication between the parties and to help each side to understand the other’s perspective, position and interests in relation to the dispute. Under the second model, evaluative mediation, which is the type of mediation we specialise in, the mediator provides a non-binding assessment or evaluation of the dispute, which the parties are then free to accept or reject as the settlement of the dispute. It is up to the parties to decide which of these two models of mediation they wish to follow. 

Mediation is a confidential procedure, this is beneficial to private and commercial clients alike. Confidentiality encourages transparency in the process by assuring the parties that any admissions, proposals or offers for settlement will not have any consequences beyond the mediation process. A Tomlin Order can be issued as part of the Mediation Process. A Tomlin order is a court order in the English civil justice system under which a court action is stayed on terms that have been agreed in advance between the parties and are included in a schedule to the order. As such, it is a form of consent order. The Tomlin order permits either party to apply to court to enforce the terms of the order, which avoids the need to start fresh proceedings. The terms of the schedule do not form part of the court order and so may remain confidential, and they may include matters outside the jurisdiction of the court or the scope of the case in hand.

The Mediation Process

Our aim is to use our expertise and gentle approach to guide you through finding a resolution to your property disputes with empathy, simplicity and care.

Our mediators will take time to listen to your situation and the dispute that has arisen in order to ensure a full understanding of the matters that have arisen and are important to your case.

We will then aim to provide you with an environment in which you can take control of the resolution, guided by us, in order to deliver you through the dispute to resolution. We are regulated by the RICS and abide by their code of conduct and guidance.

Mediation is an informal and flexible dispute resolution process. The mediator’s role is to guide the parties toward their own resolution. Through joint sessions and separate caucuses with parties, the mediator helps both sides define the issues clearly, understand each other’s position in hope that the parties are able to engage and move towards resolution. There are five stages to the process of Mediation, but it is not a rigid system and there is often fluidity to move back and forth between the different stages throughout the process, whilst there is a limit to the time of a mediation (usually 7-8 hours) if a settlement is close, additional time may be agreed, however if it is evident an impasse has been reached after the set period it is unlikely additional tome will be given. The flexibility of the process  is one of the reasons why Mediation is so successful and that even where a resolution is not reached, why the expertise if unlikely to leave either party scathed. The empowerment of the parties is unique to ADR and should not be overlooked as being one of the most positive experiences many parties can have when faced with a dispute. 

Our Mediations always start with a joint session, unless otherwise specifically agreed, this session is used for all parties to make opening statements and for the mediator to lay out her role and the process that will follow.  Ground rules are set and an agenda determined.  

As a general rule during the process the parties move to separate caucuses. The mediator will listen to each position and engage with each party as directed.  Any messages, offers, counter offers, questions, demands, and proposals may be agreed to be out on the table and it is the Mediators role to try and engage with the parties to allow them to see possible resolutions and find a balance, in the hope to reach resolution. 

With our subject-matter expertise our mediator can often give each side an expert, yet unbiased, view of the strengths and weaknesses of the case overall. They may also discuss with the parties what might happen if the dispute does not settle. With guidance and practical overviews we are confident the right resolution of each party can be achieved. 

A mediator has no authority to suggest settlement or to enforce the parties to settle. Mediation is non-binding, until parties agree on a resolution. If the matter does not settle, the claimant has preserved the right to pursue legal proceedings.