Boundary disputes mediation service

1. Initial contact: reach out to RICS to discuss your dispute and the mediation process. You will receive guidance on the next steps and how to apply for mediation.
2. Application submission: complete and submit the Boundary Disputes Mediation Service application form. Both parties must agree to mediation.
3. Mediator appointment: RICS will appoint a mediator with suitable knowledge of boundary disputes. You will be notified of the mediator and the proposed date for the session.
4. Pre-mediation preparation: the mediator will review the case details, including relevant documents and issues at hand, to prepare for the mediation session.
5. Mediation session: the mediator facilitates discussions between the parties, helping clarify issues and explore solutions. The session typically lasts up to eight hours.
6. Settlement agreement: if an agreement is reached, the terms are documented in a settlement agreement, which can be made legally binding.
7. Post-mediation: if the dispute is unresolved, parties can still pursue litigation, but mediation often results in a mutually acceptable resolution.

All our Mediation services can be conducted either online or face to face. Parties will need to agree this and notify RICS of their choice when submitting their application.

• Control over the outcome: parties retain control and make informed decisions to reach mutually beneficial outcomes.
• Flexibility: the process is adaptable, with schedules tailored to meet the specific needs of the parties.
• Cost-effective: mediation is generally more affordable than court proceedings, with fixed fees outlined at the start.
• Speed: mediation is faster than litigation, often concluding within a single day.

RICS mediation services stand out for their expertise in property and land disputes, offering a robust, evaluative approach to boundary disputes. Our mediators are qualified professionals in property law and surveying. As the largest and oldest built environment-specific ADR service provider, RICS offers a trusted and effective solution for resolving boundary issues efficiently and amicably.

• Administrative fee: RICS charges £240.00 (inclusive of VAT) to nominate a suitable mediator. This fee is non-refundable.
• Mediator’s fee: The fixed fee for an eight-hour mediation session is £2,100 per party (inclusive of VAT). Additional hours are charged at an agreed rate.

The mediation timeline is flexible and agreed on by the mediator and the parties. The outcome is documented in a settlement agreement, which can be formalised if needed.

The costs are usually shared between the parties. If one party initiates the mediation, they are responsible for the initial payment.

Either party involved in the dispute can apply, but both must agree to participate. Joint applications are encouraged to demonstrate mutual commitment.

The mediation process itself is not binding on the parties, and either party may withdraw from the process at any time. If the mediation results in a formal settlement agreement, then once signed by both parties it becomes a legal document which can be enforced through the law of contract. Alternatively, if litigation proceedings have begun, parties can ask for a stay of proceedings, complete the mediation and then set out the settlement agreement in a consent order (Tomlin order) which is a court order that is based on what the parties have agreed, and can be enforced by the courts.

Mediation statistically has a high success rate, but if no agreement is reached, parties can still pursue litigation.