Mediation

If you cannot resolve a leasehold dispute after raising the issue informally or making a complaint, you could try mediation.

Mediation is where an impartial professional (mediator) helps both sides work out an agreement. The mediator could be a registered mediator or a regulated professional, such as a solicitor, barrister, surveyor or accountant, with knowledge of the relevant laws.

Most people represent themselves at mediation, but you might sometimes need specialist help such as surveyors or structural engineers.

Mediation is a type of alternative dispute resolution.

Find out more: GOV.UK: A guide to civil mediation

You can choose to use mediation at any point during a dispute if you think the other side will discuss the problem and try to agree a solution.

In some tribunal or court cases, you will be ordered or encouraged to use mediation. Applicants to the First-tier Tribunal are offered mediation at no extra cost.

Some leases or contracts will say that mediation should be used to resolve a dispute.

Advantages

• Mediation is usually quicker, less stressful and cheaper than going to court.
• Mediation can be a good option when people would prefer to keep a working relationship, which arbitration or court action could damage.

Disadvantages

• You need the agreement of the other side of the dispute to use mediation.
• A decision or agreement made as part of mediation is only legally binding if both parties sign a contract.
• Mediation might not be appropriate if a dispute has been going on for some time. It’s usually better to start mediation early in a dispute.
• If the dispute is complicated or serious, involves fraud or is likely to need resolution in court, it could be that mediation is not suitable or would slow things down.

Step 1: Invite the other party to agree to mediation

If you’d like use mediation to resolve a dispute, contact the other party to suggest it. Explain the benefits, tell them if you have a preferred mediator or mediation group to use and ask them to give their answer by a set date.

Step 2: Choose a mediator

You can search for a professional, insured mediator at:

• Civil Mediation Council
• RICS: mediation and court referred services

You can also ask your local council if they provide a mediation service. You can find your local council on GOV.UK.

If the mediation happens following an application to the tribunal, the tribunal will appoint the mediator.

Step 3: The mediation session

Both sides discuss the dispute in an informal and private setting. This might be face-to-face or online.

The mediator starts by explaining the procedure and ground rules of the mediation session.

Each party summarises the issues to the mediator from their own perspective so the mediator can understand their concerns.

A joint session follows, where parties present their views of the dispute, uninterrupted by the other. The mediator will summarise the issues and encourage both sides to come up with possible solutions that they can both agree on.

The joint session should be a structured discussion, ensuring each person listens to and understands the other’s viewpoint, and actively attempts to resolve the dispute.

Where agreement is reached, the mediator will help the parties to draw up an agreement which they will sign.

If there’s no agreement, either party can start or continue with legal action. The mediator cannot be called to give evidence.

Step 4: Outcomes

Mediation outcomes are agreed by the parties, not decided by the mediator. The mediator stays neutral and helps both sides talk through options but cannot force you to agree to a decision.

Step 5: Enforcing a mediation agreement

A mediation agreement is usually treated as a legally binding contract if it is written down and signed by everyone involved. You would probably need legal advice at this stage.

You and the other party are responsible for paying the cost of mediation. You’ll be responsible for a solicitor’s fees if you use one.

For financial disputes under £50,000 the Civil Mediation Council offers a fixed fee scheme.

If your dispute is not suitable for mediation, or if mediation does not resolve it, you might need to try other ways to resolve the dispute, such as legal action.

Find out more about steps you can take to resolve a dispute with:

• a landlord or managing agent
• a residents’ management company, right to manage company or share of freehold company
• a neighbour