Just reading a recent case Oliver & Anor v Symons & Anor (link below) which relates to rights of way for agricultural vehicles, swing space and verge space.
The final paragraph of the transcript ends with a great obiter quote regarding mediation.
[quote]Lord Justice Ward:
- I also agree. I wish particularly to associate myself with Elias L.J.’s pointing out that this is a case crying out for mediation. All disputes between neighbours arouse deep passions and entrenched positions are taken as the parties stand upon their rights seemingly blissfully unaware or unconcerned that that they are committing themselves to unremitting litigation which will leave them bruised by the experience and very much the poorer, win or lose. It depresses me that solicitors cannot at the very first interview persuade their clients to put their faith in the hands of an experienced mediator, a dispassionate third party, to guide them to a fair and sensible compromise of an unseemly battle which will otherwise blight their lives for months and months to come.[/quote]