Property Mediation

With a proven track record in litigating complex property and commercial disputes, I offer expert real estate mediation services across a broad spectrum of issues. My experience includes representing clients in boundary and neighbour disputes, lease disagreements, and commercial development conflicts. I regularly assist clients with eviction issues, rent and easement disputes, and claims against professionals.

I am well-versed in construction contract disputes, landlord and tenant matters, break notices, and contentious business tenancies. My expertise extends to dilapidations, forfeiture, non-payment of rent, rent reviews, and service charge disputes. I handle assured shorthold tenancies, contested enfranchisement and lease extensions, right of first refusal matters, and tenancy deposit schemes.

Additionally, I have significant experience with the Party Wall etc. Act 1996, enforcement of judgments, possession of land and buildings, and trespass claims.

My approach is pragmatic, impartial, and focused on achieving practical, cost-effective solutions for all parties involved.

What is Mediation?

Mediation is a flexible, voluntary, and confidential form of alternative dispute resolution (ADR) in which a neutral third party helps disputing parties negotiate a settlement. The parties retain control over the decision to settle and the terms of settlement. The most common style is facilitative mediation, where the mediator facilitates agreement without deciding the merits of the case.

Confidentiality is a key aspect, with discussions and documents typically treated as confidential and without prejudice, preventing their use in later proceedings except in limited circumstances. Mediation allows parties to privately explore resolution options, often leading to creative and flexible settlements not possible in court or arbitration.

Mediation can be used in a wide range of disputes, from small claims to complex multi-track cases, and can occur at any stage, from pre-litigation to appeal. It is often used to narrow issues, prevent conflict escalation, and resolve disputes. The process involves pre-mediation discussions, a joint session for opening statements, and private discussions with the mediator to facilitate negotiation.

Virtual mediation has become more common, especially post-COVID-19, offering cost and time savings. Hybrid mediations, combining in-person and online participation, are also possible. Telephone mediations are typically used for small claims but have been considered for higher-value disputes since the pandemic.

Mediation offers numerous benefits, including overcoming communication barriers, preserving business relationships, maintaining confidentiality, and reducing legal costs. It allows parties to choose their mediator and provides a flexible, culturally sensitive process. Mediation is voluntary, with parties able to withdraw at any time, and generally has a high success rate.

It is also non-binding, but settlements reached are enforceable as contracts. Mediation may be unsuitable for cases requiring legal precedent, injunctive relief, or involving serious allegations such as fraud. Despite these limitations, mediation is generally suitable for most disputes, offering a private, efficient, and effective resolution method.

Typical Mediation-Day Process

Preliminaries:

• The mediator welcomes the parties and guides them to their private rooms.

Opening Phase:

• The mediator convenes an opening session to build rapport and establish ground rules.
• The mediator’s opening statement outlines the mediation process, roles, ground rules, and confidentiality.
• Each party presents their perspective on the dispute, typically in brief statements lasting 10 to 20 minutes.

Exploration Phase:

• Private sessions with each party are confidential, allowing parties to express grievances and focus on future solutions.
• The mediator encourages open discussion about the case’s strengths and weaknesses and explores creative settlement options.

Negotiation Phase:

• Parties make offers and counteroffers, with the mediator facilitating through techniques such as “reality testing” and coaching on negotiation skills.
• The mediator helps parties think creatively about resolutions.

Settlement Phase:

• If an agreement is reached, the settlement is formalised, which may take time to draft.
• The mediator ensures all issues are covered, details are clear, and parties are satisfied with the settlement terms.

Summary of ADR Requirements in the Civil Procedure Rules

Overriding Objective:

• From 1 October 2024, the Civil Procedure Rules (CPR) include promoting or using alternative dispute resolution (ADR) as part of the overriding objective. Parties and their lawyers must assist the court in furthering this objective.

Court’s Case Management Powers:

• The court actively manages cases by encouraging or ordering the use of ADR if deemed appropriate. From 1 October 2024, the court can order parties to engage in ADR.

Directions:

• New provisions in the CPR for fast track, intermediate track, and multi-track cases include considering whether to order or encourage ADR. The directions questionnaire emphasises the expectation for parties to attempt ADR.

Small Claims Track:

• For claims issued on or after 22 May 2024, small claims are automatically referred to the Small Claims Mediation Service. Parties must attend mediation or face potential penalties.

Stay for ADR:

• The court can order a stay for ADR on its own initiative, as seen in cases like Muman v Nagasena and Hamon v University College London. The court can stay proceedings to facilitate ADR, provided it does not impair the claimant’s right to a judicial hearing.

Costs:

• From 1 October 2024, the court will consider whether a party failed to comply with an ADR order or unreasonably refused to participate in ADR when deciding on costs.

Commercial Court and Circuit Commercial Court:

• From 6 April 2025, these courts will consider ordering or encouraging ADR when giving directions, aligning with the broader emphasis on ADR in the CPR.

Pricing

My fees are transparent and outlined in advance:

• For a full day (8 hours), the fee is £1,750 + VAT per party.
• For a half day (4 hours), the fee is £1,000 + VAT per party. Any time spent beyond that scope is charged at £450 + VAT per hour.

FAQs

• What is mediation? Mediation is a form of alternative dispute resolution where a neutral third party helps negotiate a settlement.
• Why should you mediate? Mediation is cost-effective, time-efficient, and allows for creative solutions while maintaining confidentiality.
• How long does mediation take? It varies, but sessions are offered in 4-hour and 8-hour units.
• Will we have to be in the same room? Not necessarily, but direct dialogue is encouraged.
• What is the role of the mediator? The mediator facilitates negotiation and remains impartial.
• Is civil mediation confidential? Yes, discussions are confidential and without prejudice.