What is Mediation?

Mediation is a form of alternative dispute resolution (ADR).  It is a collaborative and participatory branch of ADR in which a neutral party (the Mediator) facilitates the disputants in reaching a negotiated resolution to the dispute.  Crucially, Mediation is voluntary and can only take place with the mutual agreement of both disputants.  Either party may terminate the process up until the point agreement is reached and authorised in a Settlement Agreement.  Mediation is also held on a 'without prejudice' basis and is private and confidential throughout, meaning the dispute (and the outcome) stays out of the public domain. 

Mediation is by far the most popular and accessible area of ADR and the reasons are obvious:

• Cost effective
• Voluntary rather than imposed
• Relatively quick and simple to arrange
• Private and confidential
• Less stressful than formal court proceedings
• Preserves relationships which may be destroyed through litigation
• Legally binding
 

Mediation therefore has the benefit of imparting a legally binding resolution to a dispute, but without the cost, stress and legal formalities of traditional proceedings through litigation.  Unlike other forms of ADR, such as Arbitration and Adjudication, the Mediator does not sit as an arbiter or judge, and therefore does not apportion liability or provide legal advice to the parties (they may have their own legal advisers to do this); the Mediator's core skill is in bringing the parties together to assist them in identifying a natural and workable solution to their dispute.  The Mediator is thus best described as a skilled and trained professional sitting in a neutral capacity to facilitate the parties in reaching resolution.

Mediation in Property Disputes

Disputes of all types are prevalent in the property arena; this can involve neighbours, Landlords and Tenants, and even like-minded property professionals each appointed to advocate their client's position.  Mediation provides an opportunity to reach an agreeable and binding settlement for all such scenarios without recourse to costly litigation.

Our accredited Mediators hold a Commercial Mediation Practitioner's Certificate which is nationally accredited by The Law Society and The Bar Council as well as being recognised by the Civil Mediation Council.  Our Mediators are experienced Chartered Building Surveyors handling the full range of property-related disputes in their professional remit.  The most common disputes we are invited to mediate are:

• Dilapidations (Landlord & Tenant repair disputes)
• Boundary disputes
• Contractor workmanship and final account disputes
• Party Wall matters

Disputes relating to Party Walls have a unique statutory resolution mechanism under the Party Wall etc. Act 1996 so are unsuitable for Mediation.  However, any matters concerning similar works, but falling outside the aegis of the Party Wall etc. Act can be mediated by our Boundary Dispute Mediators.  We also have specialists in the field of Dilapidations, and since our Mediators are predominantly Chartered Building Surveyors, they are well positioned to mediate disputes relating to contractor workmanship and final account matters.

For all enquiries please call 0844 3510885 or 07866 092885.

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