How does boundary dispute mediation work?

For detailed information about mediation see our main website: www.consensusmediation.co.uk

Mediation is an assisted negotiation using the help of a skilled impartial professional Mediator who is jointly appointed by the parties.

The mediation is entirely private and confidential and without prejudice. Nothing said by one party to the Mediator will be passed to the other side without express permission. Nothing said to the mediator can be quoted in court. Mediations generally take place no neutral ground. The mediator will be prepared to inspect the properties that are in dispute. He/ She will also familiarise oneself with the relevant paperwork prior to the mediation. All parties have an opportunity to explain their position. The mediator will be used to strong feelings and will take care to prevent confrontation or intimidation and to encourage a constructive approach to the key issues.

If the parties are able, with the help of the Mediator, to reach a settlement, he will be able to help them and their advisers to formalise that agreement in writing.

In Boundary Disputes, it is almost always necessary for any settlement document to include a plan, which can be attached to the deeds of each property. Most parties to Boundary Disputes have numerous plans, often conflicting and seldom as accurate or clear as they should be.

What is always needed in the end, and should be available at the beginning of the mediation, are at least three copies of a clean plan that is

• Agreed by both parties to represent accurately the fixed points and landmarks of both properties.
• To a scale not smaller than 1/50
• Otherwise free of contentious comment