Mediation

Property disputes are, unfortunately, very common. Cooke & Arkwright are experienced in supporting parties through property disputes, in expert witness work for Court proceedings, Tribunal, Arbitration and Independent Expert referrals.

Mediation provides an alternative form of dispute resolution which is often quicker and cheaper. It is commonly a pre-requisite to Court procedures and often a Court directive. It lends itself well to property-related disputes.

The Mediator facilitates and supports an opportunity for the parties to the dispute to find their own agreement. Mediation is often described as a “safe-space environment” for the parties; it is very effective with a high rate of success either on the day or soon thereafter; it is voluntary, totally confidential and, importantly without prejudice to whatever formal procedure might subsequently follow if the efforts made in Mediation are unsuccessful.

Mediation is not about handing down a judgment or making an award, as would be the case in court or arbitration. The Mediator does not advise and must be totally neutral, independent, and free of conflict. In supporting the parties to find an agreement of their own, the Mediator will often use his own considerable expertise to “challenge” the parties to support the development of their position and effort to find their own resolution. This is done against the background of the relevant knowledge and experience of the area of dispute that the Mediator has, and only in an effort of supporting the parties, not by way of advice.

Andrew Gardner provides Cooke & Arkwright’s Mediation Service. As Managing Director of the firm and with 37 years in commercial property and development land practice, he is well placed to support parties in the Mediation process for property-related disputes. He is a trained Mediator and:

• Fellow of the RICS
• Fellow of the Chartered Institute of Arbitrators
• RICS Registered Valuer
• Accredited RICS Mediator 
• Accredited RICS Evaluative Mediator (RICS “ACRE^TM Model”)
• Registered Mediator with the Civil Mediation Council
• Qualified Mediator with International Mediation Institute

For further information contact Andrew Gardner BSc (Hons) FRICS FCIArb on:

02920 346346/07831 341604 or andrew.gardner@coark.com

COOKE & ARKWRIGHT
MEDIATION SERVICES
 

Cooke & Arkwright has a complaints handling procedure which covers mediation practice:

COMPLAINTS HANDLING PROCEDURE