Mediation can be a highly effective way of resolving property disputes.  It can help both parties come to an agreement and avoid costly, stressful and time-consuming court cases.

Property disputes can involve commercial or residential property.  They can cover a variety of issues including:

  • Boundary disputes, access, title and right of way issues
  • Flooding
  • Rights of Light
  • Nuisance
  • Construction  / Alrerations
  • Possession/rent recovery Deposit disputes
  • Tenancy surrender negotiations
  • Recovery of land or premises from unlawful occupiers or squatters
  • Planning  / Building Regulations disputes

Whatever the issues in each particular case, if you choose to go down the mediation route then ensuring a site visit is included in the process could be critical to success.

Why is a site visit so important?

  • A site visit enables all parties to see the issues with their own eyes. There can be no more ‘hypothetically speaking’.  No more ‘in theory’.  Only exactly what everyone can see for themselves.
  • The impact of the issues will be brought to life. Each party is able to experience it in the same way and demonstrate what they see as the beneficial or detrimental effects of the current situation.
  • People can practically work through options for solutions. What would actually work in real life, not just on paper?  What impact would one option for resolution have on each other?
  • By visiting the property a few days before the mediation this gives the mediator the chance not only to meet the parties beforehand and hear from them face to face, but it then gives gives the mediator the chance to think through options in preparing for the mediation meeting
  • Parties feel that they have been involved in the process and that their case has not only be heard but seen to have been taken seriously – not just discussed in an office environment, far removed from their everyday lives.

Emotions running high in Property Disputes

Property disputes, especially residential ones can be particularly emotional.  They concern peoples’ homes – and peoples’ lives.  These parties have usually come to mediation because an issue has been running for a long time and has become serious enough to need to involve solicitors to try and resolve the situation.  In some cases the police may even have been involved – particularly in neighbour disputes – some times as impromptu mediators.  It is in all parties’ interest to avoid a lengthy and expensive court battle where there can only be one ‘winner’.  Including a site visit in your property mediation process can provide an excellent chance of coming to a solution that can work for everyone.

To find out more about my mediation services please call 07776 141 717 or email roger@rogerlevittmediation.co.uk. As an experienced property solicitor, of over 33 years I am fully versed in the legal framework of property disputes, yet passionate that mediation provides a fresh approach, with a high success rate.