In the second of our articles on employment disputes, we are going to focus on discrimination. Employment disputes involving discrimination can be some of the most complex and sensitive that a business will encounter. For many, these issues are the hardest to solve as they deal with deep rooted emotions and feelings of inequality for the employee in question. As … Read More
Restorative Justice Mediation
Lesser known forms of mediation are proving to be increasingly successful in all manner of civil and criminal arenas; restorative justice mediation being one of those. Restorative justice mediation – much like all forms of mediation – is based on the belief that the people directly involved in a conflict or a problem are best placed to resolve it. This … Read More
What is a Civil Dispute?
Civil disputes are private cases in which a party is seeking recompense or remedy for scenarios outside of criminal law. Civil disputes are governed by The Civil Procedure Rules (CPR). They are the framework for all civil claims and provide the rules that are used to pass judgement in these types of cases. They were specifically designed to simplify civil … Read More
Proprietary Estoppel explained
Proprietary estoppel is a complicated legal term that can be stripped back and explained fairly simply. The verbal promise of a property is commonly superseded by a legal document. However, if that promise can be established and proven, then a claim for proprietary interest may be established. A common example of this is an owner bequeathing property or land to … Read More
The Use of ADR in Tenancy Deposit Disputes
Since the introduction of tenancy deposit protection legislation in 2007, millions of deposits totalling billions of pounds have been protected. At its core are three government approved tenancy deposit protection (TDP) schemes. Deposit Protection Service MyDeposits Tenancy Deposit Scheme Underpinning them is a robust method of Alternative Dispute Resolution (ADR) used to resolve any disputes about the amount of deposit … Read More
Five Facts about Mediation
Applicable to businesses, consumers, communities, contracts, human resources, families, personal injuries, public policies and property, mediation is a heavyweight method of alternative dispute resolution. Here are five facts about mediation, the process and the outcomes. 1. It’s accessible There are many misconceptions about mediation. One of which is that it’s not commonly accessible. Even the stringent and archaic UK court … Read More
Family mediation can resolve and heal family disputes
When a marriage or relationship ends it can be challenging to amicably agree the logistics, particularly when negotiating the care of children and the split of money. Where the individuals are unable to agree a way forward, family mediation is a method of alternative dispute resolution that offers an alternative to legal proceedings. Importantly, mediation is voluntary so all parties … Read More
Could mediation have benefitted a boundary dispute with an extreme outcome?
The extremities of boundary disputes were highlighted in the national press recently, when a family were forced to sell their house after losing a legal battle which was instigated over a 3 inch piece of land. Legal outcomes The family, who represented themselves, lost a long standing legal battle over claims their neighbours trespassed onto their property to build an … Read More
Styles of Mediation
Mediation has an important role to play in the UK legal framework. Increased court fees and a reduction in legal aid means alternative dispute resolution (ADR) and mediation in particular, are in the spotlight as a method of realistically resolving a dispute. Perhaps currently underused and undervalued as a way of resolving conflict, mediation has many benefits; not least the … Read More
Neighbourhood Disputes
There is a well known saying that the actions of one, affect the many. Neighbourhood disputes are a prime example of that. Without even realising it, we each have our own standards of acceptability pertaining to the area around our home and our neighbourhood. It seems obvious to state but this varies greatly from individual to individual. And therein lies … Read More
Environmental Issues
As property owners, it would be ill-advised to underestimate environmental issues that can impact the structure, infrastructure or surrounding areas of our properties. Particularly when they are through no fault of our own. Even the most simplistic issues, left unresolved and given time and credence, can quickly escalate into disputes. A calm, sensible approach to dealing with these issues, may … Read More
Boundary Disputes
When property lines are drawn but someone crosses them, what do you do? Encroaching on someone else’s property – even by a centimetre or two – can cause (and often does) some of the biggest property disputes. Even in the most simplistic scenario where the boundary is established, inconsiderate actions can still incite acrimony. And where the boundary itself is … Read More