Serving England & Wales since 2008
Personal Dispute Resolution
Kidwells Solicitors
Disputes within families can be emotionally challenging and complex. At Kidwells Solicitors, we specialise in personal dispute resolution, guiding clients through mediation, negotiation, or legal proceedings to achieve fair outcomes. Our experienced team prioritises understanding your situation, providing clear advice and support while helping you resolve conflicts efficiently and amicably.
Boundary Disputes
Boundary disputes often arise when the dividing line between two properties is unclear or contested. These disagreements can become stressful and expensive if not addressed quickly. Our highly experienced legal team offers specialist advice on boundary disputes, explaining the relevant legal terms and processes in plain language so you fully understand your position.
We can help by:
1. Reviewing title deeds and Land Registry plans to establish property boundaries.
2. Working with surveyors and experts where necessary.
3. Exploring negotiation or mediation to resolve disputes without going to court.
4. Providing strong representation if litigation becomes unavoidable.
With clear, practical advice tailored to your circumstances, we aim to resolve disputes as efficiently as possible while protecting your property rights.
Helping you solve your boundary disputes
A home is meant to be a place of comfort and security, however, a boundary dispute with a neighbour can often create a stressful environment within a home.
Boundary disputes can occur in a variety of different ways in relation to both residential and commercial properties. The dispute is often regarding pieces of land which have little or no financial value.
At Kidwells we can help to isolate the key issues in a boundary dispute and provide legal accurate and practical approaches to disputes which gives the client a cost-effective outcome.
Our lawyers can advise on the following issues:
- The extent of rights of way
- Repair of rights of way
- Interference with light
- Nuisance by noise, encroachment, smell etc.
- Discharge and variation of a restrictive covenant
- Obstruction of rights of way
- Damages for loss of light
- General issues regarding the extent and use of easement, including drainage and water rights
- Breach of restrictive covenant
- Claims by solicitors, architects and other professionals for outstanding fees in property related matters.
In relation to most of the above disputes, matters are rarely as straight-forward as they seem. We have experienced lawyers who will gain a good understanding of both sides of a dispute and provide practical advice considering all information available. They will ensure that a cost-effective strategy is provided in matters which can often become very expensive for clients.
Parties often come to their conclusions by placing too much emphasis on photocopies of Land Registry Title Plans. Such documentation has severe limitations in terms of accuracy and the effect of the ‘general boundaries rule’.
We actively encourage the use of the Royal Institute of Chartered Surveyors Dispute Resolution Scheme and the Chartered Institute of Arbitrators. Both provide cost-effective use of their expertise to assist in an early resolution to a dispute.
Alternative Dispute Resolution
Unfortunately, many of us will face a dispute at some point in our lives, whether in business, property, or personal matters. Traditionally, these disputes would progress to court, which can be stressful, time-consuming, and costly. Alternative Dispute Resolution (ADR) offers effective ways to resolve disagreements without the need for lengthy litigation.
At Kidwells Solicitors, we guide clients through the full range of ADR options, including:
1. Mediation – A neutral third party helps both sides reach a mutually acceptable solution.
2. Arbitration – An independent arbitrator makes a binding decision after considering evidence from both sides.
3. Negotiation – Direct discussions aimed at reaching a settlement, often supported by legal advice.
Our experienced team will assess your case, advise on the most suitable method, and support you through the process to help achieve a fair and practical outcome. ADR not only reduces costs and delays but also helps preserve relationships by encouraging cooperation rather than conflict.
By choosing Kidwells, you benefit from clear, expert advice and representation that prioritises resolving disputes as efficiently and amicably as possible.
What is Alternative Dispute Resolution?
Alternative Dispute Resolution “ADR” is a process where parties come together to discuss a dispute with a view to reaching an agreement without the need for Court action.
If a matter is already in Court you should still utilise and consider ADR at each stage of the litigation process.
There are a number of different types of ADR available:
- Arbitration
- Adjudication
- Expert determination
- Early neutral evaluation mediation.
- For ADR to have a chance of success you must be willing to reach a compromise on the dispute;
- ADR can only proceed if both parties consent. It is a voluntary process;
- ADR may be a more cost-effective solution for reaching a settlement because parties can share the costs of the process;
- ADR is a good way of keeping matters confidential. With Court action, matters can become part of the public domain;
- You remain in control of your matter and can decide what to offer or whether to accept or reject proposals;
- You still retain the option of Court action in the event that settlement is not reached. Also, matters discussed during the process remain without prejudice;
- You’re in control of the arrangements for a meeting of the parties.
Mediation is a popular form of Alternative Dispute Resolution. A wide range of disputes can be dealt with under this process whereas, for example, arbitration is generally used in technical disputes. Mediation is a process where the parties agree to appoint a mediator, who is a neutral individual, to help them negotiate and resolve their dispute in a way which is acceptable to all the parties.
The mediator will hold a variety of both joint and private meetings with the parties. These meetings clarify the issues, challenge the parties and help them to test the strength of their cases. Additionally, it helps them find common ground and discuss settlement. It is an excellent way to fully establish each party’s case and see how far apart the parties are on any potential settlement.
Even if you cannot achieve a settlement on the day the lines of communication are open and can further be explored after the process. It is not unusual for a case to settle in the following days or weeks after the mediation when the parties have had a chance to reflect on what happened on the day. Kidwells have lawyers to act as an appointed mediator or provide advice, support and representation at mediation.
If you are thinking that ADR might be appropriate for your dispute, please get in touch with our lawyers to discuss further.