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 Boundary Disputes Mediation Service (BDMS) is a joint initiative by RICS and the Property Litigation Association, supported by the Civil Justice Council. It provides an efficient, cost-effective and informal approach to resolving boundary disputes between neighbours. Mediation allows parties to retain control over the resolution process, facilitating mutual agreements without the need for litigation.
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.
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.
Published date: 22 October 2024
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.
Visit our dedicated training courses and qualifications page for more information on enhancing your skills in mediation and other dispute resolution services.
If you need help please get in touch via phone or email
tel: +44 (0) 20 7334 3806 drs@rics.org