Introduction

All too often surveyors become involved in disputes between: owners; developers; neighbours and contractors, which do not come under established dispute resolution procedures, such as the Party Wall etc. Act 1996.  Surveyors often become engaged in resolving disputes between neighbours using a variety of techniques and processes.  Examples of disputes brought to surveyors include disputes over: boundaries; access, building contracts; maintenance of hedges, walls and fences, etc.  Frequently surveyors find that they are best placed to advise on such matters and sometimes try to steer neighbours away from litigation, which should be applauded.  Unfortunately, however, all too often surveyors are engaged by the legal profession to prepare reports supporting their particular client’s stand point and the dispute becomes acrimonious with both sides appointing legal advisors and surveyors.  Whilst many disputes have the potential to become legal, they often fester for many years, never getting to court, they are seldom resolved and often cost their clients significant amounts of money to simply stand still.

The process of Mediation is often overlooked but is now becoming common place, particularly as courts actively encourage its use in the Civil Procedure Rules. Many surveyors have, in the past, found themselves attempting Mediation to resolve disputes on an informal and ad-hoc basis.

The Faculty would like to encourage its members to consider and recommend Mediation, where appropriate, to parties in dispute where a statutory dispute resolution process does not apply and legal action many not benefit either party.

For more details about mediation please click here.

Listing of accredited Mediation Specialists: