ADR ODR International | Possession Claims Mediation Scheme

Housing Possession Claims Mediation Scheme

Overview

In light of COVID-19 the Government announced a suspension on court proceedings in respect of evictions, in its attempt

to prevent a homelessness crisis. Consequently, notice periods had been extended from 3 - 6 months.

However, there was also a clear lack of financial or any other assistance for landlords and letting agents that would,

but for the pandemic, be able to recover their possessions or evict misbehaved tenants.

On 21 September 2020, the Government's stay on possession proceedings was lifted and thus, landlords once again became able to take action against:

1. non-paying tenants; or

2. tenants posing anti-social behaviour.

The stay caused a rise in possession claims, which in turn resulted in a fundamental challenge currently faced by already overloaded courts. Accordingly, the Ministry of Housing issued Guidance, which most notably stresses the need to avoid court and the importance of mediation and settlement in possession proceedings. It particularly emphasises the need for claimants to undertake all possible efforts to reach a compromise and that the court should be the absolute last resort.

As a result of these changes and challenges we are delighted

to offer you assistance with your dispute through our Housing Possession Claims Mediation Scheme, which has been specifically designed for landlords (or their agents) and tenants that are seeking support in their discussion at or before the

Review Day and before a court hearing in order to resolve tenancy issues without having to go to court.

The Scheme offers mediation services whereby an impartial mediator will assist the landlord and tenant(s)

to resolve their dispute related to a property possession.

In support of the delivery of this service ADR ODR International is delighted to have entered into a partnership with

DisputesEfiling (DEF), which is a Cloud based platform for the management of ADR cases.

DEF will enable cases under the Scheme to be managed online from the point of the parties’ agreement to mediate to the point of hearing, which can take place either in-person, online, by telephone, e-mail or on paper.

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What is Mediation?

Mediation is an alternative to resolving disputes outside of court. It is efficient, cost-effective and confidential and the parties have full control over the process and the outcome.

Mediation is a voluntary process whereby a mediator who is a neutral third party assists the participants to a dispute in exploring their issues and facilitates the negotiation process so that the parties can create solutions themselves and negotiate a mutual settlement agreement.

How does mediation work?

Why Mediate your Dispute?

-You will be able to demonstrate to the court that you have

attempted to resolve the issues before initiating

proceedings in court;

-you will assist the court with avoiding further backlog

and/or a homelessness crisis;

- you will save time, money and energy;

- avoid the stress that comes with litigation process;

- it is a flexible and efficient process whereby the landlord

(their agent) and the tenant(s)can come up with an

efficient, creative and valuable solution to their dispute and

make it a win-win situation for both and preserve their

relationship.

Who will the Mediator be?

ADR ODR International accredited panel mediators are drawn from almost 200 neutrals from the UK and all over the world, practicing across multiple jurisdictions, speaking over 25 languages and are trained in Online Dispute Resolution.

All of our mediators have been trained to remain fair, impartial and neutral to both parties throughout the mediation.

Apply to be a HPCMS mediator

How long will the Mediation take?

It should last no longer than 3 hours, if online.

Otherwise, it depends on individual cases as they can be mediated in person, online, telephone, e-mail or on paper.

How much does it cost?

If both landlord and tenant agree to mediate in order to open the case a fixed fee of £110 + VAT will apply.

This can be paid by landlords or the fee may be negotiated between the parties to split the costs as they see fit.

In the event that the tenant/landlord does not agree to mediate we can provide the non-defaulting party with a certificate of non-engagement by tenant/landlord - £15 + VAT.

What do you need to do?

The only thing that you will be required to do is to complete our online booking form and submit your and the opposing parties' details whether you both have agreed to mediate or you wish for us to conatct the other side and enquire about this for you.

Once your form has been received, we will either contact the other side to enquire about their will to mediate or if the both of you have already agreed to do so we will simply send the invoice and send out the mediation agreement to be signed.

Once the fee has been settled we will refer the dispute to DEF for your case to be opened and their team of experts together with your legal representatives will manage the case from that point until the date of your Review Hearing.

Legal Advice

Our team will not be able to provide any legal advice.

Therefore, we strongly encourage you to obtain legal advice/representation with a property solicitor or equivalent in order to be in the best possible position before approaching any settlement negotiation/ mediation.