The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Our experienced mediation solicitors can help you reach a workable outcome and avoid the need for costly and lengthy court proceedings.
The litigation landscape has changed over the last decade, and although mediation is not technically compulsory, the court civil-procedure rules and the judiciary strongly encourage parties to seek to settle their disputes through alternative means, such as mediation, at an early stage.
Mediation is a very effective means of resolving disputes: it has a success rate in reaching a binding settlement of around 75-80%. As such, we recommend exploring mediation because as well as saving money, it avoids the disruption of contested court proceedings, as well as potential damage to an organisation’s reputation. In fact, without trying mediation, you may subsequently be criticised by the judge, should your case go to court.
Our mediation services
We guide our clients and provide experienced and insightful representation throughout the process of mediation. As part of our deep understanding of the sectors that we serve, we know how damaging internal and external disputes can be in distracting our clients from their key purposes. We have helped our clients to devise solutions in seemingly impossible situations, and we use the strength and depth of our health and social care sector knowledge to achieve this. Mediation saves management time and money: it is a cost-effective and efficient means to resolve disputes.
We help clients facing serious disputes and manage them in a planned way from the outset. We can assist in finding alternative and creative solutions to disputes. Through mediation we can help solve disputes including the following:
- public procurement disputes;
- workplace issues to address dysfunctional teams, relationship/performance capability issues, and any situation within a health or social care provider that is impacting on effectiveness;
- disputes between a health or social care provider and its tenants/customers;
- serious disputes that disrupt an organisation and that may have reputational consequences/risks;
- difficulties with suppliers, contractors and other parties; and
- property disputes.
We can also provide training in the correct procedures to implement to be best placed to manage problems when they arise. This helps keep your organisation on track, and even allows it to benefit from the lessons that flow from managing disputes.
Outcomes we have achieved when representing our clients in mediation include:
- resolving a dispute for around 15% of the likely costs of continuing the case to trial; and
- resolving a dispute, on behalf of a defendant party, on the basis of our client only paying around 13% of the sum claimed.
Andrew is a Partner in our construction and public procurement team operating within the local government, care and social housing sectors. He is a specialist in helping clients to manage construction
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
Following the Grenfell Tower tragedy, building safety continues to be a key concern for social housing providers and their residents.
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