Mediation in a family property dispute
by James Incledon — Posted on 24 October, 2019
A guide to mediation and a recent case study in which mediation was used successfully to prevent a family member claiming interest over property in a family property dispute
What is mediation?
Mediation acts as a way to solve family disputes with the help of an independent person to offer a fresh perspective on the situation. Mediators can help families reach an agreement on issues that usually involve money, property and/or children.
Our client transferred the legal title of her property to her daughter and son-in-law, so they could take out a mortgage to finance a business venture. The client was concerned that, following their divorce, the son-in-law may claim beneficial interest or stop paying the mortgage on the property concerned.
The case was resolved through mediation; a dynamic, structured, interactive process where a neutral third party assists the disputing parties to resolve conflict. The process of mediation is applied through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process, in order to effectively focus upon the needs, rights, and interests of the parties.
The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative, in that he or she manages the interaction between parties and facilitates open communication.
Mediation, as used in law, is a form of alternative dispute resolution (ADR); a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the disputants to negotiate a settlement. The two parties may mediate the dispute in a variety of domains.
In this case, the son-in-law agreed that he would not claim beneficial interest. This meant that he would continue paying the mortgage for the next 5 years and also pay a lump sum for some of the payments he missed. Starck Uberoi solicitors were able to advise the client on the best course of action to take, before conducting the negotiations. Our role as mediator was agreed upon by both parties prior to the mediation process being carried out.
The case was based on principles of trusts law, mortgages and bankruptcy. The firm’s role involved advising, conducting negotiations and mediation.
At Starck Uberoi we understand that no two family property matters are alike. That is why we endeavor to give our clients specialist advice tailored to their situation. For more information on how we can advise your family matter, visit our webpage.
Read our case study on how our mediation resulted in a successful contest will case.
How Starck Uberoi can help
Our experienced London based Wills and Probate team will deal with your matter efficiently. For more information, please visit our Wills and Probate page, or to book an appointment please call 020 8840 6640. We are based in Ealing; our West London Ealing office is located 10 minutes from Ealing Broadway station. For an appointment at our London Belgravia office a few minutes from Victoria Station call 020 7824 5118.
- How we acted for a client over a trust deed dispute
- Mediation and Contested Wills Case Study
- How we helped a client contest the validity of a Will