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New mediation rule before possession proceedings

All parties must agree on the outcome and feel they have reached an acceptable resolution.

Mediation can be sort as part of a housing possession case, the case will be listed by the court for review. This is before any meaningful court hearing has taken place.

At review, the tenant can access free legal advice from duty advisers. If no agreement can be reached between the tenant and the landlord then if both parties agree, then the case will be referred to mediation. The court can then arrange for the case to be mediated.

Tenants and landlords who are interested in pursuing the path of mediation must raise this with the duty solicitor / their representative on the day of the review.

Mediation should avoid the stress that can come with a court hearing as well as the associated costs of a court hearing.

Mediation will also be a quicker process, the society of mediators aims to conduct the mediation within 10 days, landlords and tenants will not need to attend court as the mediation will be done remotely (via telephone)

If mediation is successful and both parties are happy with the proposed solution, they will sign an agreement, which will be put in front of a judge for approval. The agreement will explain what actions each party has agreed to adhere to.

Once the mediation agreement between the landlord and tenant is satisfied, the court will be informed, and the case will be closed.

However, if mediation is unsuccessful the case will continue to a court hearing.
What is discussed in mediation is completely confidential, therefore the court will not be told of any details regarding the mediation.

It’s important to note that although mediation may help avoid a full court hearing, it will not delay any ongoing court process, therefore all parties must continue to comply with all court directions.

In addition to this, the mediation agreement is binding, therefore the landlord or tenant can apply to the court to enforce the meditation agreement if it is broken by the other party.

 

Gassan Ojjeh

Office Manager

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