A Property Mediation Guide To Resolve Party Wall Disputes

Berry Lodge: RICS Accredited Property Mediators

Property Mediation Services can help avoid the rancor, costs, and the uncertainty involved in court proceedings.  Dispute resolution is a big business and British industry has to employ many people for it. Disputes are stressful and reaching a resolution involves high cost and more time. During mediation, an impartial and neutral person assists respective parties to resolve the dispute so that they can reach mutually agreeable settlement. Mediation refers to voluntary alternative dispute resolution (ADR) form and this process resolves dispute between parties, numbering two and more.

During mediation, each party gets opportunity to describe the issue with mediator. The mediator visits respective party to put content and offers from parties that facilitate resolution mutually agreed.  This method to resolve disputes is successful because here the parties are able to control the situation. They can come together and reach mediated settlement. This process is free from prejudice, is voluntary, confidential, impartial, and has a higher rate of success.

It makes sense to try mediation for resolving disputes because disputes and their resolution involve employment of a significant workforce. It is possible to earn huge amounts from the involved parties trying their best to win cases with adjudication, litigation, or arbitration. Anyone who has gone through the process knows well what the dispute experience involves. This is about,

  • High costs
  • An experience you never want to repeat
  • Winning does not make you better off financially

RICS accredited mediators give you a better alternative to resolve the situation without the challenges of traditional options. Pre-Action protocols or the engagement rules govern litigation in the United Kingdom. These rules exist since April 2006 and pose a big warning. As per the court’s outlook, litigation is the last resort for resolving disputes. They do not support premature issuing of the claims when the parties are still actively exploring settlement.

Involved parties have to follow a protocol when determining the costs; the court regards such conduct first. Such statements are warning to the warring parties that the court will impose significant cost orders when the trial ends, so it is necessary to try mediation first. The British court send clear message to parties and advice them to try methods other than lawsuits for resolving differences. The legal system gives priority to mediation over litigation.

Statistics also support the court’s outlook because it shows that mediation proves to be successful in 80-90% of the cases. In any type of dispute resolution, only one party can be the winner. When it comes to the legal proceedings, many variables have bearing on the outcome of the case. Arbitrators, adjudicators, and even the judges may get things wrong.

Though with mediation the parties have a say in the outcome. They can decide on terms that make them happy so that there is no gambling involved.

Property mediation services offer a common mode of ADR.  This works as an alternative to arbitral hearing, trial, and the processes that lead to trial. It involves less stress and costs as compared to the litigation. The best time to mediate is when all relevant facts come out in open because it is difficult to feel comfortable and discuss terms of settlement when there is still looming uncertainty about some case aspects. Once the position of the involved parties becomes clear, mediation becomes a sensible option for resolving the differences.

A comparative analysis of benefits and costs involved in trial and mediation gives the parties a chance to decide the right alternative and even help compare this with settlement through solicitors. Since trial is the last resort for litigant, the benefit and cost projection, does not show it as fruitful route for anyone to follow. Negotiation settlement takes more time, and it’s a nerve-racking process. It works well only when the parties decide that negotiation and dialogue through third trusted party is the only sensible thing to do.

This synchronization takes time. With mediation, parties can meet readily to find a settlement solution that everyone agrees to. The solicitor of both or one of the parties sends all relevant papers to mediators to help them understand the dispute and its background. Mediators view case summaries related to the legal teams, even make initial approach to parties or related lawyers prior to mediation.

RICS Accredited Mediators clear up inconsistencies, misunderstandings, and obvious queries through such initial approaches. They enquire regarding the required help to overcome anxiety of the parties. Prior to the process, both sides decide on leader of the negotiations and the members to be present. A lawyer or party member might act as the leader. The team should include a person with authority for settling the disputes during mediation. There is agreement on mediation format with the parties involved.

So, still wondering which route to take to settle your property matters amicably?

Published by berrylodgesurveyors

CEO and Owner of Berry Lodge Surveyors

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Create your website at WordPress.com
Get started
%d bloggers like this: