Sunday, September 14th, 2008
An Appeal Court judge says there “too many calamitous neighbour disputes” in the courts and has urged people to consider using specialist mediators as a way of settling differences.
Lord Justice Mummery was commenting on the case of Bradford and James which involved a dispute between two neighbours over the ownership of a small cobbled area in front of a barn.
The barn had originally been part of farm. The farm and the barn were sold separately in the 1970s and the plans were not conclusive as to whether the cobbled area had been allocated to the owners of the barn or whether it remained as part of the farm.
Halifax County Court ruled in favour of the owners of the farm but that decision was then overturned by the Court of Appeal.
However, in giving his ruling Lord Justice Mummery questioned the value of pursuing court action in cases like these which could lead to great acrimony.
At the beginning of his ruling he said: “There are too many calamitous neighbour disputes in the courts. Greater use should be made of the services of local mediators, who have specialist legal and surveying skills and are experienced in alternative dispute resolution.
“An attempt at mediation should be made right at the beginning of the dispute and certainly well before things turn nasty and become expensive.
“Litigation hardens attitudes. Costs become an additional aggravating issue. Almost by its own momentum the case that cried out for compromise moves onwards and upwards to a conclusion that is disastrous for one of the parties, possibly for both.”
There are times, of course, when litigation is necessary but there are also occasions when mediation with the help of specialist lawyers can achieve a better result at lower cost and with far less stress.
Trained mediators can help bring both parties together to negotiate a settlement that is fair to both sides. This is not only true of neighbour disputes. Mediation, as long as it is conducted with the help of expert solicitors to protect your interests, can also help in other areas such as business disputes, workplace disagreements or divorce proceedings.
It is particularly helpful in situations where you are likely to have an ongoing relationship with the person with whom you are in dispute such as a neighbour or an employer. Divorcees too may need to retain a working relationship for the sake of their children. This is likely to work better if they have settled any differences amicably rather than through the courts.
Mediation may not always be possible but it is worth considering before embarking on court proceedings which could be costly and sour your relationship with someone you may have to deal with again in future.
Kevin Smyth is an expert CEDR accredited and Court of Appeal panel mediator. Contact Kevin Smyth now or visit our mediation website.
© Copyright 2008 Burt Brill and Cardens Solicitors