Noise Complaints and Mediation
This section provides information and advice on Mediation, which is a way of dealing with disputes that aims to enable the parties involved to reach an agreement to everyone's satisfaction.
The following information has been extracted from a Mediation UK leaflet entitled 'Mediation Works'.
What is mediation?
Mediation is a way of dealing with disputes that aims to enable the people involved to reach an agreement that satisfies everyone.
Disagreements can be sorted out quickly and confidentially, without the expense and trouble of going to court.
How is mediation organised?
Local mediation services are mostly registered charities, although a few are part of another organisation, such as a local authority housing department.
Community mediation is usually carried out by volunteers from the community with special training in mediation skills, and is usually available free of charge.
What do mediators do?
Mediators are impartial and won't take sides. They are interested in helping both sides find a solution that suits everyone involved in the dispute.
They will not tell anyone else what has been said in the mediation. They will usually:
- Visit the first party to hear their account of what has happened;
- If the first party agrees, ask to visit the other party to get their view of things;
- If both parties are willing, try to arrange a meeting between them in neutral premises.
What happens during a mediation?
Before the mediation process is underway, the mediators (they often work in pairs) will explain the process and ask everyone to agree to some basic rules, such as listening without interrupting, and not making offensive remarks.
Each person is then free to talk about the problem as it affects them. The mediators will try to make sure that everyone understands what each person has said, and allow them to respond.
They will then help both parties identify the issues that need to be sorted out, and what each party can do to achieve that. Searching for solutions like this can lead to ideas that no-one had thought of before.
How do I know the agreement will be kept?
If the parties are able to agree, the agreement is usually written down, with both parties signing it.
The mediation service will usually arrange a follow up to see if the agreement is holding, or if any other disputes have arisen.
The agreement cannot be enforced like a court judgement, unless both parties want it to be. But an agreement is usually kept because it is in the interest of both parties.
An agreement does not affect your legal rights, so you are free to find another way of dealing with the dispute, at any time.
What if no agreement is reached?
There will still be positive results, even if an agreement cannot be reached.
You may get a dearer idea of what the real problem is, and you may, at least, decide to cease hostilities or come back to try again later.
What sort of disputes can be dealt with by mediation?
The principles can be applied to a variety of situations, such as
- Neighbour conflicts, which may involve noise, verbal abuse, rubbish, children's behaviour, pets and many other sources of dispute.
- Boundary disputes, especially where the situation is not dear.
- Community conflicts which can go on for a long time if nothing is done
- Organisations and clubs, where conflict can hamper efficiency or relationships.
- Conflict in schools, to prevent fights and bullying.
All these situations can be helped by mediation, if both sides are willing.
Reigate & Banstead Borough Council
Town Hall
Castlefield Road
Reigate
RH2 0SH
01737 276000
customer.services@reigate-banstead.gov.uk
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