Personal Dispute Resolution
Personal dispute resolution is an area of law where amicable approaches to solving disputes are favoured.
Our aim will be to assist with a quick resolution of your dispute without the need for a formal court procedure. This may involve some form of alternative dispute resolution such as mediation.
Whatever the issue, the Dispute Resolution Team is completely focused on achieving the best result for our clients. We pride ourselves on our responsiveness and pragmatic advice.
If we become involved in potential disputes from the very earliest stage we can evaluate the dispute before it escalates too far and it enables us to provide clients with early advice in confidence which can lead to the avoidance of costly litigation.
Our highly experienced legal team can offer you specialist advice in your boundary dispute and clearly explain the legal terms that apply to your case.
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 in our lifetime. These can be stressful and expensive, but new alternative methods can make resolving them less so.
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:
- 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.
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