mediation

Mediation is a confidential process where the parties to a dispute invite a third party to facilitate negotiations and help them to resolve their dispute. 

We have long experience in the value and condition of commercial and residential property.

We accepts appointments as a mediator, an arbitrator or an independent expert.

Reasons for mediation

  1. Mediation can often break a deadlock in negotiations which appears impossible to resolve.
  2. Negotiations are often confrontational with each party wishing to win and not wishing to back down on important points.  A mediator can often help the parties to collaborate in solving problems.
  3. Negotiations become more objective when they are through a mediator rather than aggressively face to face.
  4. Consultations with the mediator are private.  The mediator often learns the true interests of the parties and is able to stand back and achieve an unbiased view of the dispute, finding ways for each part to be satisfied.
  5. The mediator is able to question the parties deep seated positions and suggest options for consideration.

Is mediation final?

No, the mediation process is on a “without prejudice” basis.  Either party may end the mediation at any time.  Private information is not revealed to the other side unless the parties wish this to happen.  Mediation does not prevent later litigation or arbitration.  Information revealed to the mediator is confidential and cannot be used in later action.

Is non-binding mediation helpful?

Although mediation is non-binding, both parties enter into it voluntarily and commit to seeking a settlement.  The mediator has no power to enforce a solution.

When agreement has been reached it is usual for the mediator to set down the terms of the agreement in writing for the parties signature which they intend to become a legally binding contract.

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Matters suitable for mediation

Most disputes relating to the value of property, the condition of property, the ownership of property and the terms of contracts relating to property are suitable for mediation.

These include:-

  1. The value of freehold commercial and residential property.
  2. The rental value of commercial and residential property.
  3. The repairing covenants and any other covenants within leases.
  4. Disputes over restrictive covenants.
  5. Development agreements.
  6. Dilapidations.
  7. Professional fees.
  8. Professional negligence claims.
  9. Boundary disputes.
  10. Joint venture disputes.

The process of mediation

There is no rigid process but the following procedure is typical.

  1. The mediator will explain the procedure.  The parties both present a summary of their case to the mediator.
  2. The mediator chairs a question and discussion session.
  3. The mediator meets with each party to look into the case in confidence.
  4. Further meetings may take place so that the mediator may be fully informed of the background to the case and each party’s position.
  5. The mediator discusses the strengths and weaknesses of each party’s position and options which may be available to settle the dispute.
  6. If agreement is reached the terms of agreement are drafted and signed by the parties with the intention of forming a binding contract.
  7. If either of the parties or the mediator decide that agreement cannot be reached the mediation is ended or postponed.  The mediator may put forward terms of settlement to the parties as a basis of future negotiation.
  8. If requested the mediator would draw up a summary of the discussions and outcome, listing items which have not been resolved.
     

Lloyd Davies Chartered Surveyors?

Ours is an independent firm of chartered surveyors established in 1996 providing advice on the value and condition of residential and commercial property in the London, Surrey, Hampshire, Sussex and Kent area.  

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To contact us please select from the appropriate area link below:

London | Surrey | Sussex | Hampshire | Kent

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