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Mediation Case Studies

Property Disputes Building

The Problem – Property disputes, the claimant was the neighbour of a limited company who operated from home, having erected an extension and obtaining the relevant planning permission the claimant alleged the structure had damaged his property and claimed for an injunction requiring the defendant to remove the structure, to remove all materials which supported the structure, to make good the defects to his property, and damages limited to £25,000.

The Solution – The defendant relied on the claimants experts report which highlighted in certain parts the damage to his property was not due to the defendant’s structure; however he did have a valid claim for other defects which he had not pleaded which were a result of this structure to which the defendant had no clear response.

It was established that it would cost approximately £6,400 to put correct the defects the claimants property had suffered, a deal was done for £10,500 which covered the claimants property defects and 80% of his legal fees.

Our Approach 

  • The mediation took 4 hours compared to the 17 months this property 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.