Alternative Dispute Resolution

A landlord and tenant had been in dispute over a number of points, including the condition the property had been left in when the tenant vacated and the amount of deposit due to be returned to the tenant.

Despite the tenant and landlord having a good relationship during the course of the ten years the tenant had been in occupation, by the time the mediation took place neither party were speaking to each other and had only been communicating through their respective lawyers.

A formal litigation process through the court system had been started but the process was proving too slow, the tenant wanted his deposit returned as he wanted to use this towards buying a new house. He and his wife had moved back with their in-laws and it was all in all a difficult situation.

The role of MacLennan Norman as mediator was to explore with the parties their real concerns and issues which had led to the original dispute and help them to see the other parties point of view by helping them to challenge their own self biased thinking.


Outcomes

  • From a starting point where neither party would speak to each other a settlement was reached which not only reached an agreement between the parties, but the landlord agreed to give the tenant a positive reference which he needed to show to his lender.
  • Importantly both parties ended the mediation speaking respectfully to each other and had avoided the cost and delay incurred in a formal court process.
2017-11-29T10:15:10+00:00 Case Studies, Dispute Resolution|

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