Mediation is a process whereby an impartial and independent party wall surveyor facilitates home owners to a party wall dispute in resolving their differences. Mediation by a boundary wall expert allows the home owners a less expensive alternative to court and greater personal control.
The role of the Mediator is to help the both boundary wall owners to reach an acceptable agreement. The Mediator’s role is non-judgmental and non-directive and unlike a judge, the party wall expert taking on the responsibility of a mediator has no authority to bind the parties to any settlement. The boundary wall owners themselves elect to mutually bind themselves to the written agreement.
Mediators who have detailed knowledge of party wall matters assist the boundary wall owners take responsibility for the outcome of their decisions and conduct by facilitating an agreement that is acceptable to the parties to a dispute. This is accomplished by the Mediator using their education, experience and skills in assisting the parties to identify the underlying issues to their dispute and exploring how such issues can be remedied so that the interests of all parties to the dispute can be met and therefore resolve the dispute.
Mediation is voluntary. Either home owner can choose to end the process at any time. Mediation is conducted in a confidential environment. Both home owners are encouraged to make clear their concerns and bring forward remedies that might help resolve the boundary wall dispute.
If the home owners to a dispute come to a voluntary agreement as to how they can resolve their dispute the boundary wall Mediator can assist the parties to putting their agreement to writing. When this is done, the home owners sign the Agreement and as it meets all of the essential elements of a contract the agreement becomes enforceable in law.
How can Property Health Check help?
We offer a number of services which provide information required to enable a solicitor / mediator to draft the mediated agreement. Those services are boundary checks, provision of land registry compliant maps and certificates / declarations of identity.