Mediation Case Studies
Civil Housing Disrepair Dispute
The Problem – Civil mediation was entered into by the claimant who sued the local authority for £35,000 for breach of contract, (breach of section 11 Landlord and Tennant Act 1985), seeking compensation for the defendant’s breaches for housing disrepair.
Both parties relied upon their independent experts reports which reinforced their individual positions, there was talk of appointing a single joint expert to determine the issues of disrepair and liability, which then led to an argument over who would provide this report and who would pay for it.
The Solution – The mediation was difficult, the mediator highlighted to the parties that they were indeed going around in circles and they needed to focus on the areas in dispute and those that were not, rather than preparing for trial and seeking the input of yet another experts report, so that the issues could be narrowed.
Reluctantly and very slowly each side highlighted the strengths and possible weaknesses of their case, they appeared to be in agreement that there was some level of disrepair which had caused damage to the claimants property and possessions, caused her embarrassment and affected the enjoyment of use of her property, the level of which the affects this all had and could be justified in financial terms was debatable.
Negotiations ensued as to the level of damages that should be paid, the parties finally settled for £17,500.00, with costs to be assessed.
- The mediation took 4 hours compared to the 20 months this civil mediation dispute had already gone on.
- The mediation cost each party £425.00 each compared to the thousands they had already spent on legal fees and the thousands they would have had to spend had they continued with Court action.