Matthew Hearsum, a solicitor and arbitrator in our property dispute resolution team, was involved in a mediation last week that went like clockwork and shows how mediation can really assist with disputes.
The case concerned two brothers who had bought a property for themselves and their parents to live in. After the purchase there was a break down in family relations and, to cut a long story short, they each wanted their respective share out of the property.
One side was represented at the mediation by Matthew and the other by a barrister. Matthew and the barrister had met before on other cases, and had developed a very useful working relationship with each other.
The brothers were not very comfortable about an initial joint meeting and so it was suggested that just the two of them might have an initial chat to which they agreed. Although they were reluctant to engage too much they both managed to explain to the other what they wanted .
Quite quickly the brothers agreed that the house would be sold and the question became how much each side should get on the sale. Each brother went away to work out how much they thought they should take from the sale. They returned and went through the figures together, outlining the costs spent with explanations so the other had the details of what he was seeking.
This process was facilitated by Matthew’s working relationship with the other side’s the barrister, as they could dispense with the usual posturing and focus on the real issues in dispute, and how they might be resolved. It was straight-forward and business like.
Again, the parties went their own way to consider what had been said and an offer was forumulated and made, which was accepted 20 minutes later. The terms of the Order were drawn up and everyone was out of the building by 4pm.
The settlement has not resolved all the issues between the brothers but it is certainly a step in the right direction.
If you have a personal dispute you would like assistance with please contact Matthew on 01483 215 034 or email him [email protected]
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