Civil Housing Disrepair Dispute Case Study
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 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 only cost each party a fraction 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.
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2002 CEDR, Academy of Experts, ADR Group Accredited Mediator. 21+years of experience. 1000+ mediation’s, 90% success rate. Mediated every type of commercial, workplace, boundary & family dispute. CIArb mediation assessor & trainer since 2007. ADR Group, Head of Mediation Training 2018 – 2020. English & Punjabi speaker.
Harvinder Singh BhurjiLLB (Hons), QDR(M), MCIArb, MCMI, CTLLSDirector, International Commercial & Workplace Mediator & Trainer
1998 CEDR & ADR Group Accredited Mediator. 25 years experience, CIArb & RICS mediation trainer & assessor. Coach since 1987. Specialisms racial discrimination, unfair & constructive dismissal, bullying. Property, family businesses, construction, professional negligence. Director, partnerships, business, joint venture, debt, employment.
Jane WalmsleyBA, LLB, LLM, MCIArb, UKCP, MBACPPsychotherapist, Coach, Commercial &
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2004 ADR Group Accredited Mediator. 19 years mediation experience. CIArb Commercial Mediation Assessor. Solicitor & Consultant at Freeths 45+ years. Specialisms, dispute resolution, professional negligence, clinical negligence, product liability, personal injury, defamation & sports law.
Paul BalenLLB (Hons), Solicitor & Consultant at Freeths LLP, Director of Trust Mediation, Commercial Mediator
Dentist, CIArb & ADR Group Accredited Mediator, 18 years mediation experience, has been involved in over 100 civil & commercial mediations.
Dr. Michael ButterworthBDS, DGDP(UK), MFDS (RCS Eng), LLM, MCIArbDentist & Commercial & Family Mediator
2005 ADR Chambers Accredited Mediator. 18 years mediation experience. Chartered Accountant & Insurance Practitioner. Expert witness. Specialisms, insurance, liquidations, professional negligence, construction & boundaries.
David S BlackBSc (Hons) CA FCII FCILA ACIArb MEWICommercial Mediator & Accountant
2017 CEDR Accredited, 6 years mediation experience. Specialisms, commercial, company, contract, property, probate, IP & professional negligence.
Tim BennettPartner & Head of Dispute Resolutionat Bray & Bray Solicitors, 2007 - 2020.
CEDR Accredited Commercial Mediator
2005 CEDR Accredited Mediator, 18 years mediation experience. Proprietor of Beaumonde Law Practice, Solicitor & employment law specialist. Specialisms company, unfair dismissal, discrimination & compromise agreements. English & Punjabi speaker.
Sundeep Singh BhatiaEmployment Solicitor & Commercial Mediator 
2011 CIArb Accredited Mediator. 12 Years Mediation Experience. 400+ mediations. CIArb Mediation Assessor. Specialisms, construction, property, commercial, boundaries, probate & professional negligence.
Bruce BourneMRICS, MCIArb, Chartered Surveyor, Commercial Mediator 
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Richard CavadinoChartered Quantity Surveyor & Commercial Mediator 
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Martin CollingwoodSolicitor, Commercial Mediator,Arbitrator, Adjudicator, Med – Arb specialist
2004 CEDR & ADR Group Accredited Mediator. 19 years mediation experience. Barrister, conducted 110+ mediations. Specialisms, boundary, landlord & tenant, employment, contractual disputes.
David DalyBarrister & Commercial Mediator 
1996 CIArb Accredited mediator. 27 years mediation experience. Qualified as a solicitor in 1962. Specialisms. all forms of building and civil engineering projects in the UK & overseas.
Roderick O'DriscollFCIArb, MBEng, Chartered Arbitrator, Accredited Mediator,Notary Public, Qualified Solicitor of the Supreme Court
1998 Academy of Experts Accredited Mediator. Qualified Dispute Resolver. 25 years mediation experience. CIArb commercial mediation course tutor & assessor. Issued well over 400 awards, decisions in civil & commercial disputes. Specialisms all commercial matters.
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2003 CEDR Accredited Mediator. 20 years mediation experience. Manchester University lecturer, visiting lecturer & professor at several overseas universities. CIArb commercial mediation course tutor & assessor. Specialisms construction & engineering.
Dr. Peter FennBSc PhD FRICS FCIArb, Academic, Quantity Surveyor,Adjudicator, Arbitrator & Commercial Mediator
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Grant GoodladBarrister & Commercial Mediator 
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Carolyn GrahamCommercial & Workplace Mediator 
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Phil HeskethSolicitor till 2008, Commercial Mediator 
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Russell JonesSolicitor & Commercial Mediator 
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Joe Al KhayatBarrister & Commercial Mediator 
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Robin LeaBSc Mech Engineering, Commercial Mediator
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Michael McCourtLLB MSc FCIArb, Deputy DistrictJudge, Commercial & Family Mediator
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Paul NewmanBarrister, Adjudicator & Commercial Mediator 
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Frances PlaceCommercial & Family Mediator 
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Julian RendallLLM, MCIArb, FMCA, MIAM's PPCSupervisor, Commercial, Workplace & Family Mediator
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Jeffrey C RosenthalBSc (Econ) FCCA FCIArb MAE, Accountant,Arbitrator, Expert Witness & Commercial Mediator
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Ken SalmonMCIArb, Consultant Solicitor & Commercial Mediator 
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20 Years of Experience, 1000+ Mediations, 90% success rate, mediated every type of commercial & workplace dispute.
Harvinder Singh Bhurji 
Jane encourages people to take full advantage of the mediation process and the control...
Jane Walmsley 
Dispute resolution; Professional negligence including Clinical Negligence; Product Liability; personal injury...
Paul Balen 
Conduct of employment law matters including unfair dismissal, discrimination and compromise agreement.
Sundeep Singh Bhatia 
Grants background involves both commercial and contentious aspects of the law.
Grant Goodlad 
She works cross sector and has mediated a wide range of disputes especially employment and workplace.
Carolyn Graham 
Professional Mediator accredited by ADR Group in 2006 with 19 years experience as a civil litigation solicitor
Phil Hesketh 
Specialist employment practitioner covering all major aspects of employment law.
Edward Legard 
Founded and managed Family Mediation Department at Lyons Davidson for 11 years.
Frances Place 
Louisa is an experienced and highly competent mediator with a background in private equity.
Louisa Taylor 
Construction & Engineering, PFI/Projects, Professional Negligence, Neighbour Disputes, Commercial Litigation..
Peter Webster 
