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 The verbal promise of a property is commonly superseded by a legal document.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
ADR and mediation in 2018
The Resolution People are committed to raising the profile and sharing the benefits of Alternative Dispute Resolution (ADR), and more specifically mediation. Mediation brings parties together and through a process of mediated meetings and constructive dialogue, seeks to find a solution to appease all parties. That is something that cannot be achieved in a court of law. The fact that … Read More
External mediator bought in to resolve pensions row at Royal Mail
The most recent high profile case of mediation being used to resolve a dispute, is that of Royal Mail and the Communications Workers Union (CWU). The row over Royal Mail’s plans to replace the company’s defined benefit pension scheme started back in April. Royal Mail was privatised in 2013 and have been trying to modernise by reducing layers of management, … Read More
The Civil Justice Council fly the flag for mediation in their latest report
An interim report about the use of ADR – and specifically mediation – has recently been published by the Civil Justice Council (CJC). The Council are looking to review the current use, and make recommendations for the future role of ADR in civil justice. In doing so they are further strengthening the case for mediation being the front runner of … Read More
Get your ducks in a row: how to prepare for mediation
As staunch advocates of mediation, we want every individual who engages in the process to get the very best outcome. The landscape of that outcome will vary greatly. But we believe that there are several ways in which you can prepare for mediation, that will ultimately help you find a successful resolution for your dispute. Here are our top tips … Read More
Online mediation is on the rise but what is making it so popular?
Online mediation is becoming a real powerhouse for ADR in low cost cases. But why? In this digital age, it’s no surprise that more traditional processes – like those relating to court proceedings – are moving into a digital format. For some that may feel uncomfortable. But no matter how uncomfortable, it is inevitable. Mediation is moving with the times … Read More
Have you considered using mediation to resolve an inheritance dispute?
Bereavement is emotionally and physically draining for all those affected. Everyone knows it can be a tough time for family and loved ones. Many people find solace in pulling together and supporting each other through a difficult period. However, what many mourners are not prepared for is the potential acrimony resulting from disputes over the estate left by someone one … Read More
Do you know the cost of court v the cost of mediation?
The short answer can be as simple as hundreds versus thousands of pounds. But of course, nothing is ever simple. Each case with its own unique nuances, make giving a definite cost comparison almost impossible. But what we do know is that court costs continue to rise. Last year The Guardian reported that the government had imposed the biggest increases … Read More
The Benefits of Mediation
Mediation is a powerful method of dispute resolution and the benefits are plentiful. It offers both practical and interpersonal advantages that are often overlooked or ignored in legal proceedings. The benefits of mediation are often greater, even in comparison to other forms of dispute resolution. While mediation cannot guarantee specific results, evidence and trends in Alternative Dispute Resolution (ADR) suggest … Read More
What is ADR (Alternative Dispute Resolution)?
With rising legal costs many people are looking to resolve their disputes outside of court. This is often achieved using Alternative Dispute Resolution (ADR) methods. But what are the options available for Alternative Dispute Resolution and what does each entail? Here’s our guide to the different types and requirements of each method. Mediation One of the most common methods of … Read More
What to expect in each type of mediation
If you’ve been reading our blog or researching mediation, it is likely you know will know why it is an effective method of alternative dispute resolution. You may even know about the different styles of mediation. But what can you expect during mediation and what type of mediation is right for your dispute? It is highly likely that mediation in … 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
Landlord and Tenant Disputes
The rental market in the UK is always healthy, largely due to the limited supply of land. To protect both tenants and landlords throughout the rental process, many legislations have been put in place by the government. Relevant to the legalities of letting, these legislations spell out the letter of the law, but they are not always helpful in maintaining … Read More
Right of Way Disputes
Habitual life in the suburbs can often form a set of relationship standards with those living around you. Formed as you go about your daily business, you probably don’t even notice the perfunctory smile as you pass on the footpath, or the cursory nod as you pass taking out the bins. All very pleasant. But what happens if those relationships … Read More