What is involved in a mediation?

Those involved in the dispute agreed to mediate and choose a mediator. If they cannot agree on the mediator, an independent body such as the RICS (Royal Institute of chartered surveyors) will do so for them. A mutually convenient date for the mediation (which usually takes half a day or a day) is agreed upon. Prior to the mediation, the parties will supply the mediator with key documents, such as correspondence and house deeds, so that the mediator can prepare for the mediation. The mediator will then meet with the parties on the chosen day, either physically at an agreed venue or online by Zoom, teams or other platform.

What happens at the mediation meeting? If the parties are comfortable to do so, the mediator can start the mediation by holding a meeting with all parties involved to confirm the arrangements for the day. Sometimes the parties choose to explain their position to each other in the mediator’s presence. There will only be a joint meeting if all parties agree.

The next step is for the mediator to meet separately with each party and any advisers they may have, such as solicitors or surveyors, to hear their thoughts about the dispute.

The mediator will move from one parties room (physically or using the room facilities online) to the other making sure they are clear and fully understand each parties views and position. Later, the mediator will carry proposals for resolution from one party to the other. In this way, the parties negotiate without any direct confrontation which is helpful.

It is very often the case that agreement is reached on the day or soon after. An agreement is drawn up and signed there and then. This agreement will be legally binding on both parties.

It is a tried and tested process which effectively resolved the disagreement in over 70% of cases.

Do I need to bring a solicitor to the mediation?

It is not necessary to instruct a solicitor however, taking legal advice can be very useful so that you have an understanding of the strength of your position and can negotiate with that in mind. Solicitors and also barristers can also provide useful advice and support during negotiations on the day depending on the exact issues, it can also occasionally be useful to ask your surveyor to attend the mediation but again, this is not a requirement and costs are a consideration.

Why is mediation such a successful process?

By talking to the parties and facilitating a negotiation, the mediator can identify the underlying issues and facilitate negotiation without there being any direct confrontation between the parties.

The mediator is trained to identify the real issues and to move the situation beyond argument to a facilitated negotiation. The direct confrontation is taken away and the parties are encouraged to focus on what really matters to them. They are encouraged to think about solutions and the mediator can convey their position to the other party in a clear measured way.

Mediation also enables the parties to reach agreement about related matter matters or in a way that a court would not have had the power to do. It is a flexible process and has the advantage of not only being significantly less expensive than litigating all the way to trial but, an agreement being signed on the day so that when the parties leave, they no longer have the dispute hanging over them which can be an immense relief.

Is mediation expensive?

Relative to the cost of taking a dispute to court for a Judge to make an order as to where the boundary is or as regards any other boundary issue, mediation is not expensive. It can save tens of thousands of pounds. Also Importantly, it can resolve the dispute earlier so the parties can focus on the other important matters in their life, without the worry of an ongoing dispute.

How much does a mediation cost?

Different mediators charged different amounts, often based on their experience and reputation. My fees are £1100 plus VAT per party for a full days mediation. If the mediation is online such as on teams, the cost is £900 plus VAT per party.

This charge is inclusive of preparation time, travel where relevant, an introductory call to each party prior to the mediation, attendance at the mediation (10 till 5:30 pm). If the mediation runs on beyond 5:30 pm, there is an additional hour charge of £125 plus VAT per party.

Will I have to meet with my neighbours at the mediation?

It is sometimes helpful for the parties to meet. However, there is no need to do so and it is not unusual for the parties to be apart all day and not to see each other at all.

why is Jane a good choice for mediating a boundary dispute?

Having been immersed in boundary and other neighbour disputes for over 30 years, I understand not only the Legal issues that arise but also the practical and emotional aspects. I bring friendly, pragmatic and energetic approach to mediation and also an ability to empathise and guide the parties to achieve resolution.

I am professional but friendly and quick to establish a rapport with the parties. I listen carefully to fully understand that each parties concerns and their objectives. Understandably, some people find the prospect of mediation daunting but will find that I quickly put them at ease and work with them to make progress.

In cases where the boundary issues relate to a parties home, the journey up to the day of mediation may have been stressful, exhausting and quite possibly acrimonious. I will do my upmost to ensure the parties are as comfortable as they can be on the day and will guide them to a construction negotiation with a view to finalising the dispute once and for all.