Kent
Mediation Service

Kent Mediation Services

Kent mediation service. An area that we serve. Home to a host of attractions, such as Leeds and Dover Castles. Canterbury Cathedral. Margate and Minnis Bay Beach. It is also home to several law firms, businesses and charities that we have had the honor of mediating for. We have dedicated Kent mediators who live, work in and cover the whole of Kent.

Kent Locals

Being local our Kent mediators can be with you within days. Equally they provide online mediation via Zoom & telephone mediation services. They have been providing Kent mediation services for several years in a cost effective and confidential manner.

Kent Mediators

Although we cover the whole of Kent. The bulk of our mediations have been in Ashford, Canterbury, Dartford, Dover, Gravesham, Maidstone, Medway, Sevenosks, Folkestone & Hythe, Swale, Thanet, Tonbridge & Malling and Tunbridge Wells. As well as its surrounding areas, our mediators will travel to you.

Kent Dispute Types

Covering every type of civil, commercial,  workplace, employment, family & neighbour dispute, with a very high success rate. Save money on expensive legal, expert and court fees. Save time, stop wasting it on court and tribunal actions!

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Our Kent Mediation Service Has Helped

A fence between two properties had been in place for fifty years. Over the years sections of it had been replaced due to wear and tear. In 2014 the new neighbours moved in on sale of one of the properties. 

Six years later the new owners questioned the boundary line, which then led to a series of issues, police involvement and an alleged attack with a metal rod.

Although the new owners went and had a surveyors report to determine where the boundary was, they then refused to share the findings with their neighbours. Subsequently it became apparent that the findings were not in the favour of the new owners. 

Three years later, £20,000 spent on solicitors and experts, our mediator resolved the dispute within two and a half hours via the Zoom video platform. Proving online mediation is just as effective as a physical mediation. 

The issues in dispute related primarily to aspects relating to an elderly mother’s care needs and assets. And what her two adult children’s roles and responsibilities should be. Her solicitors advised her in respect of her property, affairs and inheritance tax planning. They had been working with the mother and her children for a number of years in their role as adviser and as a co-attorney for Property and Affairs under a registered LPA together with the two children.  The firm also dealt with the administration of their late father’s estate.

The family home was owned by the mother, a one third ownership was transferred to her son in 2005, who moved in with his mother. Making it possible to carry out the inheritance tax planning desired by the mother. At that time, it was suggested that the daughter also receive a one third share of the property, on the basis that the tax planning would be effective if the daughter was able to spend some time there, although not required to occupy full time.  The daughter did not agree as she felt she was unable to spend the required time at the property.

As one of the legal owners the mother had an absolute right to invite her daughter into the property. Although she suffered from Alzheimers, the Mental Capacity Act 2007 requires individuals caring for her to do everything possible to assist her in making decisions.  Her son alleged his mother had no capacity to make a decision as to who came to the house and made that decision on her behalf. After the siblings had a number of arguments and the police had to be involved.

Who said if he feels threatened by his sister, he should deny her access to the property and request police assistance.  Therefore, it was vital that an agreement was reached which allowed the daughter to visit her mother without further police involvement.

Another key issue was an apartment. The property was solely owned by the mother. The siblings were in dispute over the use of that property whilst their mother was not in occupation. However, as their mothers’ co-attorneys the siblings were under a duty to act in their mothers’ best interests.  Meaning that if the mother, as a result of her diminishing capacity, was unable to use the property it would be necessary to consider whether that property was rented or sold, to generate income for her.  The siblings had to stop dictating how the property was to be used for their own interests.

Following the diagnosis of Alzheimer’s the mother’s condition was likely to deteriorate and her need for professional care would increase.  Oxford NHS trust Elderly Mental health care team indicated that the mother required care during the day, particularly as family members were unable to care for her during the day due to work and other commitments.  There was no Health and Welfare Power of Attorney in place which means that no individual has the legal power to make care decisions on the mothers’ behalf.  Care decisions need to be made in conjunction with the family, GP and Mental Health care team as appropriate. 

Equally the mother’s surplus income was being gifted to the siblings. This would need to stop if the care needs increased. Items that had also been removed from the house by the daughter, not gifted needed to be returned. The mediation took ten hours and settled.

A medium-sized software development company (SDC), entered into a contract with a healthcare provider (HP), to develop a custom patient management system. The contract stipulated a project timeline of 12 months with a total budget of £1 million, divided into five milestones, each worth £200,000.

The main stipulations of the contract were the bespoke development of a custom patient management system with specific features, which would save HP an immense amount of time. As well identify trends, patterns, and highlight the defects in their marketing efforts.  Any changes to the scope would require a formal change request, to be approved by both parties, with potential adjustments to the timeline and cost.

At the end of the third milestone, HP expressed dissatisfaction with the progress. They claimed that the software was not meeting their needs, pointing to features they believed were critical but were not included in the current build. SDC argued that these features were not part of the original scope and would require a change request, additional time, and more money.

HP withheld the third milestone payment of £200,000, and threatened to terminate the contract, citing breach of their agreement. SDC, in response, threatened legal action for the payment and damages.

Through the mediators guidance, both parties acknowledged their own miscommunications and gaps in understanding the project scope. The mediation took nine hours and an agreement was reached.

This mediation concerned a Trusts of Land and Appointment of Trustees Act 1996 (ToLATA), dispute. The claimant and defendant had been in a long-term relationship for 15 years.

They lived together in a house that was purchased solely in the defendant’s name, but both contributed to the mortgage, utilities, and shopping. It was alleged that the defendant had an affair with the claimant’s friend.

After their relationship ended, a dispute arose over the claimant’s entitlement in the property. She claimed she had a beneficial interest in the property, while the defendant argued that she was not entitled to any share, as the property was solely in his name.

ToLATA disputes govern disputes over property where one party claims an interest that is not reflected in the legal title. Although the property was legally owned by the defendant, the claimant claimed she had a beneficial interest in the property based on her financial contributions and the nature of their relationship. 

A £150,000 claim was issued, the mediation was intense, there was only one joint meeting, all the others were by way of shuttle. After eleven hours, the parties settled. 

This mediation concerned a successful family textiles business which had been established for some thirty five years. With an annual turnover of £40 million and an international reach. A dispute arose between the four directors, the father and three sons. 

Two camps had formed. The father and youngest son, against the two other brothers. Several issues were at play, the direction the business should go. Who should be doing what. It was alleged two of the sons, hardly showed up anymore, did little if any work. But were happy to draw their large salaries. Alongside spending like it was going out of fashion, all of which were personal expenses, but charged to the company. 

They alleged their father was a control freak, micro managed them, out of touch withtodays work culture and ethic. Made a serious of bad decisions which had cost the company £7 million over the years.

The mediation was in person, took twenty one hours and settled. 

The claimant tenant sued his housing association the defendant, for constant flooding. The antisocial behaviour of other tenants, and their guests. To include racial abuse and criminal damage, which left him and his daughter in an unsafe property. Allegations of constant fire regulation breaches and no / inadequate lighting when the defendant was aware of his visual impairment.

It was alleged that the defendant had failed in a duty of care, discriminated against the claimant due to his disability. Damages were also being claimed for the stress and anxiety caused to the claimant and his daughter. This was a telephone mediation and lasted four hours.

This workplace mediation concerned two teachers who had experienced difficulties with one another. Allegations of favouritism, treating others differently to the complainant alongside the sensitive issue of race all were of concern. What did not help was the complainant suggesting strongly she would be pursuing an appeal of the grievance she had raised.

The complained advised none of this was true, and in fact she had a number of issues with the complainant’s performance, something which had been communicated to her on more than one occasion.

This dispute was a perfect example of how our Kent mediation service helped this school. The mediation took five hours and led both employees to an agreement. The complained agreed not to pursue the grievance appeal. Thankfully through the mediation process, both of them cleared the air on all the issues that were in play, and accepted each other’s explanations, which were largely down to a series of miscommunications.

Training was also identified in four areas for the complainant. Read the testimonial here. 

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