In this TDS Resolution blog, we’ll be taking you through the structure of a joint property mediation session. It helps to know what to expect during these sessions and allows both the landlord and tenant to prepare and consider how to explain their views of the dispute in advance.
At any stage during the session, either at the request of a party or if the property mediator sees fit, the mediator and one of the parties can breakaway for a short period of time to talk privately.
Step 1: Introductions and opening statement
The property mediator will make the necessary introductions and welcome the parties. The procedure for the session will be explained and the mediator will provide some ground rules.
Common grounds rules include (not exhaustive):
All parties agree to listen respectfully to each other and try not to interrupt or talk over one another
Everything remains confidential unless agreed otherwise by all parties involved
Parties are to call each other by their preferred name and refrain from swearing
The process is voluntary. If either of the parties involved does not feel that the process is working from them, they can speak up at any time and end the session
Step 2: Uninterrupted time
The mediator will allow for each party to explain the situation from their point of view without interruption. This gives the parties an opportunity to express their feelings and articulate their point of view without interruption or challenge from the other party and the mediator.
Step 3: The exchange
This step is an open discussion where the parties can respond to statements made and feelings expressed in the uninterrupted time and explore them further. The aim of this step is to address the main issues at play and work through overcoming any obstacles presented.
As TDS Resolution takes a conciliatory approach to mediations, the mediator can play an active role in helping the parties to overcome any issues and make suggestions to move forward.
Step 4: Coming to an agreement
At this stage, where the parties have worked through any issues or disputes, the parties are encouraged to come to an agreement with the help of the property mediator acting as a facilitator if necessary.
If an agreement cannot be reached, the mediator will state this to the parties.
Step 5: Closing statement
The mediator will thank both parties for attending the session and summarise any agreement made, ensuring clarity between the parties as to the outcome.
A summary report will be sent within two working days of the landlord and tenant mediation, setting out what was agreed. In the event of an unsuccessful mediation, a report can be requested stating that both parties attended the session and an agreement was not reached.
We hope you have found this useful in understanding how a typical landlord tenant mediation session would be structured.
If you have currently hit an impasse with a property dispute between landlord and tenant, we can help to resolve it fairly. Our aim is to secure mutually acceptable agreements between landlords and tenants to allow tenancies to be sustained. Fill out the form below to get started. Alternatively, request a call back to find out more.
Author
George Chrysanthou
Executive Assistant
