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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.

Case study

 

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.

 

Mediation

 

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.

 

Outcome

 

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.

 

Mediation and Contested Wills Case Study

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.

 

Further Reading

About James Incledon

James heads the family department, utilising his considerable experience in all areas of divorce, financial issues and child matters. His approach is underpinned by his close relationships with his clients and his tireless efforts in furthering their best interests. James regularly appears in court without the need to instruct counsel and is completely committed to obtaining a successful outcome. James also has a busy and efficient commercial property practice, dealing in all areas of commercial property including all lease matters, dilapidations and disputes. He also has a number of corporate clients and conducts company matters on a regular basis such as shareholder or partnerships agreements and disputes. Originally from Somerset his interests range from motorbikes to hiking, and he is happiest when out exploring the countryside.