Property dispute – The Property Chronicle
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Property dispute

The Lawyer

Ignore mediation at your peril.

With property disputes, emotions can run high. As my father, who was an architect turned property developer, often used to say, “It’s not the bricks and mortar that’s the problem, it’s the people!” A property dispute may have arisen because of an inheritance, a relationship break-up, a spat with a neighbour or a heated meeting onsite between contractors. They are often interwoven with family business disputes, if nothing else because there is likely to be business premises/a small holding/a manufacturing plant at stake as well. Behind every property dispute there is a human story and unpicking that is often the key to finding a solution. 

That’s where mediation – a negotiation between parties outside of court of arbitration facilitated by an independent third-party neutral – can be highly effective. A mediator will listen to the dispute and help each party to see the other’s point of view. Sometimes an apology early on in a mediation from one party to the other can unlock new ways of thinking. Since the mediation is confidential and without prejudice to any court proceedings, the apology does not bear the incumbent risk of being an admission of liability if it were to be made in open correspondence. 

“The best solution may be a practical commercial one and something that a court could not order”

The Lawyer

About Rebecca Attree

Rebecca Attree

Rebecca Attree MA (Cantab) of IPOS Mediation spoke on Alternative dispute resolution with land owners and when to employ mediation at the Compulsory Purchase and Land Assembly for Regeneration and Development 2021 on 24 November. She is a commercial mediator and solicitor experienced in resolving a wide range of disputes, including property, construction, Trusts of Land, boundary, landlord and tenant and family business disputes. Listed as a Leading Mediator in Legal 500 as "particularly user friendly and experienced”. Rebecca is also Chairman and Director of Attree Estates Limited.

Articles by Rebecca Attree

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