Sometimes however, conflict can go a bit deeper, or go on for a bit too long.
When this happens, it can be helpful to have an impartial third party come in and make the conversation happen.
This is where dispute resolution also called mediation is ideal, a straightforward way of resolving disputes between landlords, tenants and agents.
It provides the perfect setting for a constructive discussion and provides an opportunity for people to communicate better.
This can help them to understand one another’s concerns and work towards a mutually agreeable outcome
I have many years experience in working with these disputes.
I know how to get landlords, tenants and agents talking again, and I know how to facilitate agreements that everyone is likely to stick to.
It is important to understand that my approach will look at what support is available for all parties, for example, if a tenant has rent arrears, I will support them to apply for benefits, look at grants or council schemes that may be available.
Mediation is one of the quickest ways for landlords and tenants to get an outcome they are both happy with, without the pressure and legal restrictions of court .
The mediator will agree with both parties the time and date of their mediation appointment.
We will send each party a diary invitation for online Zoom appointment.
The mediation session is expected to take up to 2 hours, so make sure you have this time available so that you are not rushed and can concentrate.
·Zoom appointments: each party uses the online link invitation to attend an online meeting. Each party will be in their own virtual room; they will not see or hear the other party and only need to speak with the mediator.
There may be questions that the mediator needs to ask to clarify their understanding of the dispute, but most of the discussion will involve consideration of different ways that the dispute could be ended. The mediator is looking for ideas and solutions that are satisfactory for both sides and will try and help in broadening the range of possibilities for a mutually agreeable solution.
After the initial conversation, the mediator will then speak to each party, as many times as necessary. These conversations tend to get shorter as the two-hour mediation progresses, and a solution begins to be constructed and an agreed solution reached.
During the mediation, we will always aim to find a solution that is agreeable to both parties. It is not always possible to achieve this however, and mediation may not be successful in every case. It is important, however, to know that you have attempted a resolution.
· If agreement is reached: the mediator will draft a mediation agreement reflecting what the parties have agreed. The agreement will then need to emailed to both parties for them to sign and return. The agreement is binding on both sides and will be enforceable in the same way as a contract.
· If no agreement is reached: If it has not been possible to reach an agreement, we will send you an Attempt to Mediate Report stating that you took part in mediation but that it was unsuccessful. This can be useful if you need to show to others (for example, a court) that you have tried to resolve your dispute.
Mediation does not make you agree to something you don’t want to agree to. The mediator does not decide what the outcome to the dispute should be or decide who is right and who is wrong. The mediator will not tell the parties what to include their agreement or what they must agree to.
The mediator will not give legal advice. If you wish to, you can seek independent legal advice on your options before your mediation appointment
Please make sure you have any important paperwork to hand before the appointment starts (particularly the tenancy agreement and a rent statement if rent arrears will be discussed)
Mediation can help in a lot of difficult situations. For more information please emails us
Email us at firstname.lastname@example.org