Who runs the Scheme?

The Party Wall Mediation Scheme is offered by the two professional bodies representing party wall surveyors, the Pyramus & Thisbe Society and the Faculty of Party Wall Surveyors in association with His Honour Edward Bailey who for many years was the judge at Central London County Court primarily responsible for appeals against party wall awards.

Available mediators

There are many organisations and individuals offering mediation services and a wide range of potential mediators are available to provide their services to neighbours involved in a party wall, rights of light, access to neighbouring land, boundary, or other neighbour dispute. It is entirely up to the parties who they choose as their mediator, and what procedure they follow once that mediator has been selected.

Facilitative v Evaluative mediation

When choosing a mediator neighbours should be aware of the distinction between a “facilitative mediation” and an “evaluative mediation”. A mediator conducting a facilitative mediation need have no knowledge or expertise in the subject-matter of the dispute. A facilitative mediator will have specialist skills and techniques to encourage neighbours to think constructively about their differences and the point of view of the other party, with the aim of encouraging them to come together and reach an agreement. Such a mediator will be able to use his or her skills and techniques over a wide range of subject-matter, such as family disputes, workplace differences, consumer disputes and so forth.

An evaluative mediator will have equal facilitative skills but will also be able to evaluate the subject-matter of the dispute and give the parties appropriate advice as to what is or is not possible or sensible to agree in any given factual situation. Where neighbours are arguing over the playing of loud music, or how long noisy parties go on for, they may readily call on the services of an experienced facilitative mediator. It is most unlikely that any surveying or legal issues will arise. What is required is a working arrangement between the parties as to their neighbourly conduct. The same may be said of many disputes as to where the boundary runs between two properties, although in this regard it will be safer for neighbours to ensure that their mediator has a good working knowledge of land law, particularly relating to easements and restrictive covenants, and also land registration.

Technical expertise

With a more technical subject-matter however the parties are well-advised to engage an evaluative mediator who has specialist expertise in the matters in issue. This is especially the case where one of the owners wishes to contest a party wall award. A wide range of subject-matter may be covered in an award, but, in general terms, an award is likely to involve matters of surveying, engineering or legal expertise; perhaps all three.
An owner may object to an award which allows building work of which he disapproves, but reaching an agreement with the other owner which does not take into account the surveying or engineering detail behind the award could have extremely serious consequences for both parties. Or where the parties are seeking to avoid the time and expense of a party wall appeal it will usually make sense for them to hold their discussions and reach an agreement against the backdrop of what is likely to happen should the appeal process go its full course. Having an evaluative mediator who can advise on legal process and prospects will assist the parties reach an agreement with the benefit of an informed opinion as to the legal process.

Scheme mediators

This is the advantage of the parties choosing a mediator from the list available through the Party Wall Mediation Scheme (‘the Scheme’). Depending upon the precise nature of the dispute, the parties are able to choose a mediator who has the necessary surveying, engineering or legal skills, in addition to the facilitative skills, to ensure that individual parties are as fully informed as they would wish to be before reaching a binding agreement which will govern their relationship going forward, whether this concerns the building owner’s works, or repairs to the adjoining owner’s property, or questions of compensation, rights of entry, security for expenses or whatever else it may be.

Need to issue an appeal

An owner who is considering appealing an Award must keep well in mind that the time for an appeal under the Party Wall etc Act 1996 is very short, namely 14 days from the date of service of the award on the owner, including the day of service. No mediation can realistically be set up and concluded in such a short time period. Accordingly it will be necessary for the owner to issue an appeal, and then seek a stay from the county court of that appeal to enable a mediation to take place. Advice as to the issuing of an appeal, and a draft Court Order which may be sought to secure a stay of the appeal pending the holding of a mediation hearing, may be found on this website.

Legal advice if required

The Scheme offers a list of Direct Access Counsel and Solicitors who are experienced in Party Wall and Boundary matters who will be able to give speedy advice on the prospects of an appeal and assist in drafting Grounds of Appeal if required. The Scheme also offers a draft Court Order which the county court judge may be invited to make to stay an appeal until such time as the owners have had an opportunity to resolve their differences by mediation.