Property Dispute Resolution – Mediation or Negotiation?
Property Dispute Resolution – Mediation or Negotiation?
There is a significant and very subtle difference between these two styles that many
professionals use to resolve difficult issues. Mediation starts from a point of no blame and a
third party (mediator) giving both parties a fair hearing and an opportunity, in an impartial
setting, to find a mutually agreeable resolution to their problem.
Negotiation can be very similar but tends to be a discussion between a third person
(negotiator) and both parties, pointing out the issues and the options available; but crucially
aiming for a specific result that benefits one party more than the other – normally the
instigator of the process. Quite often, this can lead to a feeling, by one of the parties, of
being pressured into the decision, but not really being satisfied with the outcome from their
viewpoint.
Mediation only really works if both parties want to reach an agreement, and the process is
started at an early stage in the dispute. Leaving it too late will result in both parties hardening
their positions, leading to a feeling of not wanting to back down and yielding ground to the
other person. Starting early, gives both sides a fair chance to discuss the issues, look at the
options and understand the feelings of the other side – if that can be achieved and both are
open minded in their desire to resolve the matter, without going to court, then an agreeable
result can be achieved with both parties feeling they have not ceded ground to the other.
When both parties have agreed and have reached a joint acceptable decision (a good
mediator, only guides and offers options, not opinions nor weighted suggestions), they will
normally want to stick with it as they own it!
I had the pleasure of resolving an awkward case recently, where both the tenant and
landlord were at their wits end, having spent many months trying to resolve a very stressful
situation. Luckily, it was still early enough, due the landlord`s very empathetic approach
throughout the whole process, and the tenant`s continued willingness to keep talking and
maintain some dialogue.
Both parties by this stage, acknowledged that there were only a few workable options to get
each of them out of what had become a personal and financial “quagmire”! Within two
weeks, a satisfactory result was achieved, which enabled the tenant to move out and move
on and the landlord to recover the property without the legal costs. Equally as important,
both sides were relieved at not having to go to court and be dragged through many months
of stress.
If other landlords are suffering in a difficult situation with a tenant, but don`t want to go down
the legal route at this stage; please feel free to get in touch. Don`t leave it too late, because
once both sides have reached an impasse, they take opposite positions and their attitudes
harden.
It`s always worthwhile keeping an open mind and if both parties will consider mediation, are
wanting to find a solution and are prepared to accept the impartial process, then the result
can be very rewarding. Not every session works, but even if it does not fully resolve the
problem, it will certainly help to give clarity and show a possible legal route forward for the
outstanding issues.
In the future, it is likely that the government and the courts will want see evidence from
landlords that mediation was offered and tried, so that there are less cases going straight to
court. The legal system is congested enough, without being cluttered with a lot of landlord and tenancy issues that could be resolved by dispute resolution – it can be cheaper, quicker
and lead to a mutually satisfactory result that is acceptable to both parties. Give it a go!