You are the freeholder, intermediate leaseholder, or leaseholder of a flat, house or commercial premises and need advice for the resolution of a dispute by mediation.
We have experience of producing reports that are used for negotiations prior to mediation, and as part of the mediation process, for a variety disputes involving residential and commercial premises such as flats, houses, shopping centres, shops, supermarkets, retail warehouses, garden centres, offices, and industrial estates.
Mediation can resolve disputes quickly and at low cost. It allows the parties to reach agreement, not necessarily governed by legal issues. It can be a practical and commercial solution that improves communication, builds consensus, and maintains or enhances the relationships between the parties.
The mediator is a trained, neutral person, who manages a process, to assists the parties settle their dispute by clarifying and prioritising the issues, crystallising needs, considering whether the parties are being realistic, encouraging them to move away from entrenched positions, and otherwise helping them to reach a settlement.
Unlike with Court, the process is confidential, voluntary, and flexible. There is no imposed decision and the parties retain ownership of and responsibility for any settlement. The process cannot start or continue without the parties’ agreement, which gives control of costs, and it is possible to leave the process at any time without settlement.
Mediation – property disputes. Preliminary or final report.
We are able to provide a preliminary report to assess the likely damages arising from a property related dispute, a final report, or a preliminary report, followed by a final report.
Mediation – property disputes. Preliminary or final report – process.
We will normally inspect the property, undertake research, take account of condition, leases, deeds of variation, licences for alterations / additions, and other documents of relevance. Depending on the dispute, these might include, witness statements, service charge accounts, tenders, contracts, planned maintenance programmes, invoices, service charge accounts, correspondence and other information.
Mediation – property disputes. Cost benefit analysis.
We may, or may not have been involved in prior negotiations over the damages or potential damages. If we have, and negotiations have not progressed so we can recommend settlement, we provide a Cost Benefit Analyses to assess the sense of proceeding with the mediation process.
Mediation – property disputes. Assistance at Hearing.
We are able to provide information at the mediation hearing to assist the parties reach settlement.
Mediation – property disputes. Cost Benefit Analysis – Hearing at Court.
If the mediation process does not result in settlement, and a decision is taken to proceed to Court, we prepare and give expert evidence at the hearing, after which the Court will issue their determination.
Expert Witness. Giving evidence.
If the mediation process did not result in settlement, we are able to give expert evidence to the Court in accordance with the rules, protocols and directions of the Court, including:
- Part 35 of the Civil Procedure Rules and accompanying practice direction;
- Guidance for the instruction of experts in civil claims;
- Practice direction on pre-action conduct and code of practice for experts; and
- RICS practice statement surveyors acting as expert witnesses;
We prepare and give expert evidence at the hearing, after which the Court will issue their determination.
Mediation – property disputes. Examples of recent work.
We have recently:
Mediation: Produced a report for solicitors acting for the client solicitors and their insurers to assist reaching agreement of damages arising from the need to serve a fresh Notice of Claim due to the client solicitor’s negligence in failing to make an application in time for a block enfranchisement case to be determined by a First Tier Tribunal (Property Chamber).
Mediation – misrepresentation: Advised on the liability and damages resultant from a management company either deliberately or recklessly failing to provide adequate information as to the requirement for major service charge expenditure that they knew about, or should have known about.
Mediation – breach of Covenant: Quantified the damages likely to be receivable by the lessees in a block of flats resultant from the freeholder’s failure to provide an operational car lift.
Our services: We are able to produce preliminary and final reports to assist in the mediation process, and at mediation hearings, or if mediation does not result in settlement, expert witness reports, and give expert evidence in Court, in accordance with Part 35 of the Civil Procedure Rules and accompanying practice direction; Guidance for the instruction of experts in civil claims; Practice direction on pre-action conduct and code of practice for experts; and RICS practice statement surveyors acting as expert witnesses. We are Chartered Surveyors, Regulated by RICS, with Registered Valuers that are able to provide reports and assistance with Mediation, or Expert Witness Evidence for property disputes. We are also able to provide further information about Mediation.
