How Property Mediation Works
A structured, confidential process designed to resolve property disputes in a single day — without the cost, delay, and hostility of litigation.
What Is Mediation?
Mediation is a voluntary, confidential process where an independent, neutral third party — the mediator — helps the disputing participants reach a mutually acceptable settlement. Unlike a judge or arbitrator, the mediator does not impose a decision. Instead, the mediator facilitates negotiation, tests assumptions, and helps participants find common ground.
Property mediation is not limited to one style. Depending on the dispute and the participants' requirements, Harvey can mediate in a facilitative or evaluative way. In a facilitative mediation, the focus is on helping the participants communicate more effectively, identify their real interests, and work towards their own negotiated resolution.
In an evaluative mediation, Harvey will go further. As an experienced property solicitor and accredited mediator, he will, where appropriate, test assumptions, probe the evidence, and offer a candid professional view on the strengths and weaknesses of each side's position. That directness is often what breaks deadlocks and drives settlements.
Mediation is without prejudice. Nothing said during the mediation can be used in subsequent court proceedings if a settlement is not reached. This means participants can negotiate freely, explore creative solutions, and make concessions without fear that those concessions will be held against them later.
The Mediation Process
From first contact to signed settlement, here is how the process works.
Initial Contact
You or your solicitor get in touch to discuss the dispute. We will have a brief, confidential conversation about the nature of the disagreement, the participants involved, and whether mediation is appropriate. There is no charge for this initial discussion.
Agreement to Mediate
Once all participants agree to mediate, we send out a formal Agreement to Mediate. This sets out the terms of the mediation, including confidentiality, the without-prejudice basis, the mediator's role, and the fee arrangements.
Position Statements
Each participant prepares a concise position statement — typically 3 to 5 pages — setting out their case, the key issues in dispute, and the outcome they are seeking. These are exchanged in advance so that all sides come to the mediation fully informed.
Pre-Mediation Preparation
Harvey reads the position statements, reviews key documents, and may hold brief pre-mediation calls with each participant's representatives. This preparation is critical — it means Harvey arrives on the day already understanding the legal and commercial landscape.
The Mediation Day
The mediation itself typically takes a single day. It begins with an opening plenary session and then moves into private sessions where Harvey works with each participant separately to explore positions, test assumptions, and build toward a resolution.
Settlement Agreement
When terms are agreed, the participants or their solicitors are responsible for drafting the binding settlement agreement. Harvey can facilitate that process during the mediation so that, where possible, the agreement is reviewed and signed on the day. CEDR's 2025 Mediation Audit reports that 70% of mediations settle on the day, with 87% settling overall shortly after.
Initial Contact
You or your solicitor get in touch to discuss the dispute. We will have a brief, confidential conversation about the nature of the disagreement, the participants involved, and whether mediation is appropriate. There is no charge for this initial discussion.
Agreement to Mediate
Once all participants agree to mediate, we send out a formal Agreement to Mediate. This sets out the terms of the mediation, including confidentiality, the without-prejudice basis, the mediator's role, and the fee arrangements.
Position Statements
Each participant prepares a concise position statement — typically 3 to 5 pages — setting out their case, the key issues in dispute, and the outcome they are seeking. These are exchanged in advance so that all sides come to the mediation fully informed.
Pre-Mediation Preparation
Harvey reads the position statements, reviews key documents, and may hold brief pre-mediation calls with each participant's representatives. This preparation is critical — it means Harvey arrives on the day already understanding the legal and commercial landscape.
The Mediation Day
The mediation itself typically takes a single day. It begins with an opening plenary session and then moves into private sessions where Harvey works with each participant separately to explore positions, test assumptions, and build toward a resolution.
Settlement Agreement
When terms are agreed, the participants or their solicitors are responsible for drafting the binding settlement agreement. Harvey can facilitate that process during the mediation so that, where possible, the agreement is reviewed and signed on the day. CEDR's 2025 Mediation Audit reports that 70% of mediations settle on the day, with 87% settling overall shortly after.
What Happens on the Mediation Day
Opening Plenary
The day begins with all participants together. Harvey explains the process, sets the ground rules, and each side has the opportunity to make a brief opening statement. This is often the only time both sides are in the same room.
Private Sessions
The bulk of the day is spent in private sessions. Harvey meets with each participant separately, exploring their position in confidence, understanding their priorities, and identifying where there may be room to negotiate. Everything said in a private session stays confidential unless the participant gives permission to share it.
Reality Testing
This is where Harvey's property law expertise makes the difference. He will test assumptions, challenge unrealistic positions, and — where it will help break a deadlock — offer a candid professional view on the strengths and weaknesses of each participant's case. This evaluative element is what drives participants from entrenched positions toward workable compromises.
Without Prejudice Discussions
All discussions during the mediation are conducted on a without-prejudice basis. This means nothing said can be used in court if the mediation does not result in a settlement. This protection allows participants to negotiate freely, explore creative solutions, and make offers without fear of prejudice.
Settlement Drafting
When the participants reach agreement, the participants or their solicitors are responsible for drafting the settlement agreement. Harvey can facilitate that process on the day so the agreed terms are accurately captured and, where possible, signed before everyone leaves. Once signed, it is a legally enforceable contract.
What You Need to Bring
- Authority to settle — The person attending must have full authority to agree terms and sign a settlement agreement on the day.
- Key documents — Bring copies of the lease, contract, title deeds, survey reports, correspondence, or any other documents central to the dispute.
- Your position statement — A concise summary (typically 3 to 5 pages) of your case, the issues in dispute, and the outcome you are seeking.
- Supporting calculations — If the dispute involves money, bring your schedule of loss, valuation evidence, or financial breakdown.
- An open mind — Mediation works best when participants arrive willing to listen, to negotiate, and to consider creative solutions.
- Your solicitor (optional) — You are welcome to bring legal representation. Many participants find it helpful, particularly for reviewing the settlement agreement.
Frequently Asked Questions
The mediation process itself is not binding — any participant can walk away at any time. However, if a settlement is reached and all participants sign the settlement agreement, that agreement becomes a legally binding and enforceable contract.
Mediation is voluntary, so all participants need to agree to take part. However, courts increasingly expect people in dispute to attempt mediation before proceeding to trial, and unreasonable refusal to mediate can result in adverse costs orders. We can help you make the case for mediation to the other side.
Most property mediations are completed in a single day — typically between 6 and 10 hours. More complex multi-participant disputes may occasionally require a second day, but this is rare. The pre-mediation preparation (position statements, document review, pre-mediation calls) typically takes 2 to 3 weeks.
It is not a requirement, but many participants find it helpful to have legal representation present — particularly for reviewing the settlement agreement at the end of the day. If you are a litigant in person, Harvey will ensure the process is fair and that you understand the implications of any agreement.
If a settlement is not reached on the day, the mediation is confidential and without prejudice. Nothing said during the process can be used in subsequent court proceedings. You are free to pursue litigation or other dispute resolution methods. In practice, many disputes that do not settle on the day reach a negotiated resolution shortly afterwards, using the momentum built during the mediation.
Yes. Mediations can be conducted in person, remotely via video conference, or in a hybrid format. Remote mediations work particularly well for disputes where the participants are based in different locations or where there is a high degree of animosity between them.
In arbitration, the arbitrator hears evidence and makes a binding decision — similar to a judge. In mediation, the mediator does not decide the outcome. Instead, the mediator helps the participants negotiate their own agreement. Mediation gives the participants control over the outcome, is generally faster and cheaper, and preserves commercial relationships.
It means that all communications during the mediation are privileged and cannot be disclosed or used as evidence in any subsequent court proceedings. This protection exists to encourage open and honest negotiation. Participants can make offers and concessions freely, knowing they will not be held against them if the mediation does not result in a settlement.
Ready to Resolve Your Dispute?
Contact us for a confidential, no-obligation discussion about your property dispute. Most mediations are arranged within 4 to 6 weeks.
Book a Mediation