What is mediation and why does it matter?
NRLA partner the Property Redress Scheme share advice on how mediation can help reach positive outcomes for both landlords and tenants, and five important things to consider when getting started.
Mediation is a highly effective form of dispute resolution. But what exactly is mediation? And why does it matter?
Think of a mediator as both a guide and a referee, someone who can help two people reach an outcome they are both happy with, while keeping them focused on moving forward rather than churning over the past.
Mediation gives you more options than court, allows you to be in control of the outcome, and empowers people to resolve issues while considering their own wants and needs.
More and more landlords and tenants are seeing the benefit of mediation as opposed to going to court – it is much less expensive and it can allow people to reach an outcome that the court would not be able to grant due to the restrictive nature of housing law.
Mediation can help with rent arrears, access issues, needing vacant possession and much more.
Mediation agreements are legally binding too, so you can rest assured the outcome you agree is sealed in contract between you both.
So don't think of mediation as a waste of time and money, see it as a cheaper option to getting a mutually beneficial outcome.
5 top tips to getting mediation right
Suggest mediation - The courts frown upon a party who refuses or ignores an invitation to mediate, and there can be cost consequences (this can mean the court orders the person who didn’t ‘play ball’ to pay (part of) the other side’s costs). So why not be the one who suggests mediation? If the other person refuses, you can bring the situation to the judge’s attention to your advantage. We even help you to be able to do this by producing a formal report on the attempt to mediate.
Get in early – The sooner you engage in mediation the more likely you are to get a positive result. Leaving mediation until the day before court or when a tenant is months and months in rent arrears does the opposite! That said, it’s never too late and we can still mediate at this late stage (although both people may have to make some compromises to reach an agreement).
Choose your mediator wisely - Not all mediators are the same. Anyone can be a mediator, but it is sensible to choose someone who is properly trained, qualified and a member of a recognised professional body. This will ensure the mediator is respected by all parties and can act neutrally. Someone with a good track record of facilitating mediation with successful outcomes gives confidence in the process.
Come prepared – Know what outcome you are looking to achieve and be prepared to negotiate. It is very rare that you will get 100% what you want, and this is the same for the other person. One of a mediator’s key roles is to explore the wants and needs of each person to help them come together.
Don’t expect the other side to have a change of heart - Whatever you say or do during the mediation, it is highly unlikely that you will be able to bring the other person to agree to all your wants and none of their own, so don’t start out with this intention. See the mediation as an opportunity to bring the dispute to an end by everyone moving towards each other. The best mediations are usually those where all parties go away feeling equally hard done by!
Finally, and probably most importantly…
Get a good night’s sleep and bring snacks. Mediation takes time and in some cases, can take a couple of hours before someone makes the first offer and ultimately an agreement is reached. Make sure you’re comfortable before you start - you can never have too much tea or coffee – and remember, mediation will always be quicker, less expensive, and less stressful than going to court.
Whatever solution you choose to resolve your dispute, make sure you are well-informed and seek professional advice at an early stage. There are often many options to find the right outcome for your unique situation.
Why you should use mediation
Evicting tenants and chasing rent arrears through the court takes time and money. What’s more, the courts will expect you to try and resolve matters before using the courts. The Property Redress Scheme tenancy mediation service can resolve the situation amicably:
It’s quick – we typically reach an agreement in 10 to 15 working days
It works – tenants work with us once they realise we’re not just on the landlord’s side
It saves you time, money and stress – we find fast practical solutions without incurring expensive court proceedings
Call 0203 907 1857 to find out more or start your mediation.
