14 October 2024
Mediation offers an alternative path to resolving disputes, where both parties, with the help of a neutral mediator, discuss settlement possibilities. This process is voluntary, confidential, and doesn’t impact the tribunal proceedings unless an agreement is reached. It allows you to negotiate terms beyond the Tribunal’s authority, giving you more control over the outcome.
How Does It Work?
Mediation allows flexibility that is not found in formal hearings. You and the other party steer the discussion, focusing on issues important to both sides. The mediator is there to help guide the conversation and facilitate understanding, but ultimately, it is your process. Reaching a mutually agreeable resolution can often be quicker, less stressful, and more tailored than leaving the decision to the Tribunal.
What Should You Expect?
Mediations generally run from 10:00 a.m. to 4:00 p.m., though they might extend slightly if you are close to an agreement. Be sure to allow enough time in your schedule. The process might be new, but the mediator will ensure everything runs smoothly.
It is important to remember that recording the session in any form is strictly forbidden, and attendance is contingent on accepting this rule.
How to Prepare for Mediation
Before your mediation, take care of the following:
- Let the Tribunal know if you require an interpreter or any special assistance.
- Notify them of any changes to your contact details or if you cannot attend for the full duration.
- Provide a contact number for potential technical issues.
If you are bringing advisors, ensure they are present for the full mediation and have all the necessary documents. They also need to sign the agreement beforehand to agree to the mediation terms.
What Happens on the Day?
The mediator will start by explaining the process and setting out the day’s structure. Discussions can be held jointly or privately in separate rooms, depending on what is needed to move things forward.
The environment is generally informal, so no need to worry about dress codes. You might also encounter observers undergoing training, but they are bound by confidentiality rules.
If a settlement is reached, all parties will sign an agreement. Make sure someone attending has the authority to bind your party to the terms. Keep in mind that typing your name in a settlement document counts as a signature.
By opting for mediation, you are giving yourself the chance to settle on terms that work for everyone—without waiting for a formal tribunal decision.
Further information:
- Judicial Mediation in the First-tier Tribunal Property Chamber (YouTube)
- To see whether mediation is available in your areas contact the Residential Property Tribunal, London Region London.Rap@justice.gov.uk
