The Property Mediation Centre

Welcome to The Property Mediation Centre. We are here to help you (or, if you are a professional advisor, your client) and the person or organisation you are in conflict with find a solution to that pressing real estate (or other) dispute which is distracting you so much from your commercial objectives and/or spoiling your ongoing business relationship that you now need to do something about it without waiting for a court to tell you how it will end.

How can we help?

Founded by Gerard Tomnay The Property Mediation Centre is a niche property mediation practice which helps you and the person or organisation you are in conflict with understand the dispute better and improve the likelihood of settling it in a way which acceptably meets the needs of both sides (maybe not perfectly, but sufficiently).

We can do this in-person, or through an online platform (eg Zoom), or a combination of both.

We find out what you both need most out of your conflict situation and encourage you to listen to each other. That doesn’t mean you have to agree with each other, but it does mean you’re more likely to understand each other so can explore solutions which meet the needs of both sides in a good enough way.

We know that when you’re in dispute it’s often not the issue itself which causes the most stress, it’s the mindset of the people involved and the approach they take. We help both sides to see things differently so you can work up a solution which could be one neither of you had thought of when you were focussed only on the winning.

Our deep understanding of the real estate industry and the types of issues in dispute and the impact they have on businesses means we are familiar with the usual interests on both sides of the fence, so can help you to better navigate your route to settlement.

But we know each case is different, so make no assumption as to outcomes. Your mediation is bespoke to your situation, and working together in mediation we help both sides see what a satisfactory settlement could look like.

We assist both sides (and their lawyers) in preparing for the mediation to improve communication on the day and help you both negotiate as effectively as possible.

Why are you here?

Are you a property owner, investor, developer, contractor, occupier, insurer, insured, professional, lender, borrower, guarantor, buyer, seller, agent, manager, advisor or consultant or otherwise involved in real estate and in (or about to be in) dispute with someone on a pressing property related matter?

Or are you:

a lawyer looking to refer your client to a property mediator
already in legal proceedings and want them to settle
negotiating an important property deal which is stuck on a difficult point or has a difficult counterparty and you want to find a way to get the deal done, or
just generally involved in any stressful dispute which is getting in the way of more pressing things?

Either way, you are in the right place if you want help to find a settlement.

For instance:

is a tenant threatening to injunct your redevelopment works with disastrous cost consequences?
is your landlord claiming you made unlawful alterations to your flat to convert it into an HMO which could mean a severe loss of income if you have to undo them?
do you have a dispute over who owns the beneficial interest in a house which is preventing you from getting vacant possession and selling it?
are your commercial tenants refusing to settle their covid related rent arrears when you think they can afford to pay?

We don’t list every type of property dispute here because there are so many, but the route to settlement using mediation is the same for all of them, so it can be used for your situation, whatever it is (even if it’s not property related, as we also mediate other types of civil and commercial disputes. If you need family mediation, we suggest clicking here)

Tell us (in confidence) exactly why YOU are here and what your situation is by completing the short Mediation Enquiry Form which will be kept confidential.

Why Mediation Works/What’s In It For Me?

Whatever the dispute, mediation gives you a confidential and safe space to forget the fight and focus on the solution, so you’re more likely to find one.

It’s not about who’s right or wrong, or winning or losing, it’s about finding a solution both sides can live with and which preserves or enhances any ongoing relationship.

Mediators can often, in confidence, uncover hidden agendas and overlapping interests and find a sweet spot on which you might build a settlement.

It works because:

it’s voluntary, so there’s no obligation to agree anything and you can leave at any time
nothing in mediation can be used against you in court, so you have nothing to lose by being open with each other and giving way on points you’d never concede in litigation
you both have control over the outcome so can agree what you want (as long as it’s legal), which means you’re both more likely to follow through on any settlement agreements (which are legally enforceable)
it’s private and confidential, so nothing should leak out
you’ll save time and money compared to using lawyers and going through court, as most disputes which settle in mediation usually do so in a day or less

Mediation is highly successful with a 93% success rate on, or shortly after, the mediation day according to the Centre for Effective Dispute Resolution’s “Ninth Mediation Report” in 2021.

Even if disputes don’t settle in mediation, many often do so afterwards and any subsequent court case may proceed more smoothly because of it (you might even get a better costs award for having tried it), so there’s often some positive outcomes;

Lawyers are usually present at or contactable during the mediation, which helps you “reality test” your current positions to see if a mediated settlement beats the best/worst case alternatives.

What we do (and don’t do)

We are a neutral, independent 3rd party, which means:

we keep everything the participants tell us strictly confidential (unless given permission to share)
we try to find mutual interests and encourage all participants to do so too
we encourage participants to stand in each other’s shoes and see things from the other’s perspective
we keep things on track, focussing on what’s important to each of you and keep you both looking forward, not backwards
we are not emotionally involved in the dispute, so don’t take sides or judge
we don’t tell anyone what to do
we separate what you’re both fighting about from why you’re fighting so we can understand what’s really driving things and help you reframe your thinking to improve the chances of meeting the needs of both of you (maybe in ways neither of you thought possible)
we only facilitate the mediation, so don’t give any legal, professional, or other sort of advice, nor do we give any opinion on any offers or settlement agreements.

Fees

Fees depend on whether it’s a full day or half day mediation, how many documents there are to look at, how long it will take to prepare, and whether you want an in-person or online meeting (the difference being that, for in-person mediations, reasonable travel expenses (not travel time) will be charged at cost).

As each case is different, we don’t publish fees here. However, they are competitive and will be tailored to your case. They are usually shared equally between the participants.

Any other costs and disbursements (eg room hire/refreshments etc) are paid for by the participants.

Contact us to find out more and get an estimate.

What to do now

To use The Property Mediation Centre to help you settle your dispute, or if you want to know more about how and why mediation works and what it costs, please call 020 3633 4252 at any time or email or complete the short Confidential Enquiry Form.