Boundary Dispute Mediation and the Solicitor

Boundary disputes pose serious problems for the solicitor. Often the evidence is copious but conflicting. The client expectation grows with his or her anger. The amount of work generated is out of all proportion to the value of the dispute and you are heading towards costs that will look inadequate to you and excessive to the client or his opponent.

All this might be bearable if you could be sure you would solve your client’s problem. Sadly it is more likely that it will merely grow, fertilized by the mechanics of the litigation process.

Mediation offers you a way to;

• Secure fair and sensible objectives for your client
• Provide a cost effective service
• Exercise your skills
• Clear your desk and get paid

When is the best moment to try mediation?

So far as costs and collateral damage are concerned, the sooner the better. However it is necessary for the legal issues to crystallize and some realistic objectives to have emerged in the minds of the parties, other than affliction. The commencement of court proceedings may have produced these results, and it is likely to result in a recommendation to mediate from the judge, which may help get the parties to the table.

What should I bring?

• Your client. The decision maker should be present
• A clean scale plan showing all major features, scale 1/50, agreed with the other side
• A summary of your case and the reasoning behind it
• A copy of the deeds, any deed plans and land registry documents
• An idea of how any likely settlement agreements could be made binding and put into effect
• An open mind

Remember this is not just an opportunity to seek the correct answer, but also the Best Answer, which is not necessarily the same thing!

A Boundary Dispute Mediation is not the same as neighbourhood mediation. It focuses on the key legal and commercial issues. However, unless these are resolved, the interpersonal problems stand little chance of improving. Often, the process of working towards a settlement of the legal issues enables the peace process to go much further.

A practical experienced mediator will be sensitive to the personal issues, without letting them cloud the key job in hand.

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