Property MediationProperty Transaction Can Throw Up Particular Problems And Disputes. We'll Help You Resolve Them And Get On With Business.
Property mediation will generally fall under the heading of “civil and commercial mediation” but there are some particular legal and transactional aspects that make it somewhat distinct nevertheless. Whether you are a solicitor or barrister or whether you’re an individual or a company with a property dispute, mediation can help.
"The mediator really helped us unpick the problems that were causing friction. Afterwards the project moved smoothly to a successful completion."
Property Mediation – For Residential or Commercial Property Disputes
Mediation is the ideal solution for property disputes which when litigated can be an almost bottomless money pit.
Property mediation allows a skilled and experienced Mediator to identify and deal with the actual priorities and needs of the parties. The Mediator will help both parties to come to an agreed solution in innovative ways that almost invariably are beyond the standard Court process. Litigation is almost always uncertain, and is always very expensive, particularly so with property disputes.
Property mediation puts an end to the agony, the anxiety and the horrific costs. After mediation, your case will most likely be settled leaving you with peace, great relief, a fatter wallet, and the chance to simply move on with your business and get on with your life.
Property mediation can help where matters haven’t actually come to Court. For example in property deals there are often very complex contractual negotiations to navigate and a skilled property mediator can help both contracting parties to plot a smooth course through the choppy waters that can prevent or hinder the closing of an otherwise lucrative property deal.
Who Can A Property Mediator Help?
You could be a solicitor or a barrister representing a client. Or you could be the client themselves with a problem relating to:
- Landlord and tenant issues, whether the problem is of a commercial or residential nature
- Housing associations whose business can present a range of issues
- A neighbour with boundary or other disputes
- A property developer, perhaps with multiple contractor issues
- A property owner or someone buying and selling property
- A facilities manager
- A family member, particularly in inheritance disputes
- A farmer, or
- A business of any kind
Property mediation in such situations can be useful when business relationships begin, or when certain milestones occur such as when leases require to be renewed.
"We had a good handful of contractors, all fighting about who caused what delay. The mediator successfully calmed the waters to help us all move on."
What Kinds Of Dispute Can Be Successfully Mediated?
The following is a guide to the types of disputes property mediation can help you solve, but is not completely exhaustive:
Disputes Relating To Land ("Real Property")
Disputes relating to Land (or “real property”)
There are a great many ways in which people use land – and a subsequent great many types of dispute can arise consequentially.
Disputes about land can arise commonly between neighbours. They also naturally arise when people are buying or selling land, or when they’re creating developments. There will be occasions when a landowner has a dispute with a public authority.
Property mediation can help in almost every instance and in particular in disputes involving:
- Adverse possession or boundaries
- Property rights, like easements and rights to light or rights of way
- Claims involving misrepresentation and various conveyancing issues
- Finance matters including deposits and mortgages
- Property development and complicated purchasers or contractors
- Partnership or joint venture fallouts
- Restrictive covenants and other issues
- Planning disputes and compulsory purchase orders
Landlord And Tenant Disputes - Commercial
Landlord and Tenant Disputes – Commercial
Property mediation can be particularly helpful in commercial landlord and tenant matters whether the parties want to begin or end a relationship, as well as where they want it to continue. Because of the complex nature of such relationships, disputes or friction can arise involving:
- The negotiation of a lease – to begin one; to end one; or to renew
- Friendly or hostile 1954 Act renewals
- Matters relating to alterations, subletting or assignment
- Rent reviews, dilapidations or break clauses
- Deposits and service charges
- Guarantees and indemnities
- Forfeiture and possession
Landlord And Tenant Disputes - Residential
Landlord and Tenant Disputes – Residential
Problems can arise in a similar way with residential property whether the issue is with private tenants or in the pubic sector. In either case, long leases or residential tenancies can throw up disputes where property mediation provides the best and most cost effective resolution such as:
- Enfranchisement, including rights to buy and “rights of first refusal”
- Housing disrepair and service charge disputes
- Issues surrounding Rent Act tenancies
- Estate management and issues relating to alterations, assignment, subletting or development
- Antisocial behaviour and issues surrounding ASBOs
Property Related To Wills And Probate, Inheritance Disputes Or Family Settlements
Property Related To Wills And probate, Inheritance Disputes Or Family Settlements
Property disputes arising amongst families have particular – and very sensitive – considerations. A good Mediator will show exceptional empathy and compassion and help all of those emotionally involved to understand the legal issues arising as well as to broker settlements that respect emotional priorities along with financial self-interests.
Property disputes in families can arise as a result of:
- Conflict in family businesses
- The administration of an estate – or other issues relating to inheritance or trusts
- Problems arising from financial settlement matters in a divorce
- Joint property ownership conflicts
Property Professionals And Professional Negligence
Property Professionals And Professional Negligence
As a property professional, you’ll be only too aware that transactions can be complicated and convoluted, which can sometimes give rise to disputes between you and a client. If you become involved in such a dispute, mediation is most definitely the best step to take to mitigate costs and risks for everybody involved.
We can conduct effective property mediations and solve such disputes whether you are a:
- Solicitor or barrister
- Facilities or property manager
- Valuer or surveyor
- Architect or project manager
What Can GetMediation do for you?
Put simply GetMediation will help you or your client to resolve any property dispute where you need assistance and want to avoid lengthy proceedings and great expense.
All of our property Mediators are fully accredited and have considerable experience. Most of them have a legal background in property as well as expertise gained from successfully providing solutions to a large caseload of property disputes.
Our property mediators will use that skill and specialist legal experience as property lawyers who share a common vocabulary to show empathy as well as efficiency in resolving the problem you or your client faces.
You will find them fully conversant in all the technical property issues that you may be facing and, as excellent property mediation professionals, they will be able to suggest innovative solutions. They may even surprise you with their ability to satisfy all of the parties to your dispute, using their extensive exposure to psychological and commercial imperatives typical in property cases to bring forth a satisfactory resolution from even the most tricky sets of circumstances.
Property Mediation - Next Steps
If you’d like to select a really experienced and specialist property Mediator to help resolve your property dispute, all you need to do is…