Examples Of Disputes Mediated

Dispute as to beneficial ownership of substantial home bought in part with mother’s life savings to house mother and daughter and her family, but registered in daughter’s sole name.

Settled by a payment to mother of a sum sufficient to enable her to rehouse herself elsewhere and to cover part of her legal costs.

Family members in dispute as to control of companies developing and managing mixed residential/commercial sites in central London.

Shares of one family member conveyed to the others in return for a fixed share of the profits of the business for a set number of years to come.

Land mistakenly registered in name of neighbouring land owner and issues as to the boundary between the two pieces of land and trespass and nuisance.

Settlement agreement provided for boundary determination and transfer of land into name of true owner but with an option for neighbour to re-purchase it after a number of years and covenants restraining activities carried on there.

Tenant garage owner in dispute with landlord/neighbouring land owner as to disrepair and rights to erect signage and also as to right of way over forecourt for landlord to reach neighbouring land.

Complex settlement agreement dealing with compensation for disrepair, specification of permitted signage and precise location/extent of landlord’s right of way

Landlord of commercial premises seeking to forfeit tenant’s lease for non-payment of rent and other breaches of covenant

Tenant counterclaiming damages for breach of covenant of quiet enjoyment. Settled on payment by tenant of some of landlord’s costs and grant of new lease at an increased rent but with an initial rent-free period.

One of the partners in an estate agents’ business sought to leave the partnership

There was a dispute as to the terms on which he would do so. Resolved by an agreement as to which clients the outgoing partner would take with him and which would be retained by the remaining partners.

Land owner suing developer of neighbouring field for trespass

The development had encroached significantly onto one of his fields. Payment by developer of a significant sum calculated by reference to the profit he was making from the development of the area of land in question and a contribution to the farmer’s costs.

Former employee of company seeking compensation for alleged wrongful dismissal

Employer claimed employee dismissed for gross misconduct which was disputed by the employee. Agreement reached whereby the employee would leave but be employed by a related company in a different part of the country with the company also paying a percentage of the employee’s costs.

Dispute as to the extent of a right of way over farmland acquired by long user

The parties having each instructed a surveyor who supported their own case eventually agreed to the joint appointment of a third surveyor in respect of whose opinion they agreed to be bound.

Investors in a significant development disputed the extent of each other’s entitlement to the proceeds of the development

Agreement reached for a transfer of a proportion of the shares in one of the investment companies to the other one representing the agreed apportionment of the proceeds of the development.

Home owner suing builder and architect for negligent construction of an extension

Architect’s insurers agreed to make a contribution to the cost of the new materials required for the reconstruction of the extension with the builder offering his services free of charge, which offer was accepted by the homeowner.

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