Information & advice

If you are a resident of private retirement or sheltered housing, our mediation service may be able to help you resolve a dispute with other residents or with your landlord.

 

What is mediation?

• Mediation involves an independent and impartial third party (the mediator) who can help people in dispute to reach their own voluntary and mutually-agreed resolutions.
• Resolutions are not imposed by the mediator; they are decided and agreed by the people involved in the dispute themselves with the help of the mediator.
• The mediation process is voluntary and confidential, so what is said during the mediation sessions cannot be repeated outside, nor can it be used later in any formal proceedings, should the matter progress.
• Mediation is not a legal process concerned with rules and regulations, but a common sense and practical process in which people work together to find their way to a sensible solution.

AIMS uses mediation successfully  to resolve disputes between residents and their landlords, managers and staff, and between residents themselves, by helping to turn a two-way problem into a three-way search for a solution.

How does it work?

There is no standard form of mediation because each case is individual. However, the process is likely to follow a similar route to this:

• An AIMS mediator is appointed to work with all those involved.
• All parties are asked to sign an ‘agreement to mediate’.
• A date and venue for the mediation is arranged.
• The mediator has individual meetings with each party first. This will usually take approximately an hour.
• Provided everyone agrees, the mediator will then meet with both parties together, or the mediator may act as a go-between. The mediator listens to each party talk about the problem from their point of view and then helps the parties explore what has gone wrong and how things may be able to be resolved. The mediator can help each side reach a greater understanding of what has gone wrong and how the other side may be feeling.
• All meetings are confidential and nothing that is said by either party will be passed on to the other party unless expressly agreed. Any written notes made by the mediators will be destroyed after the meeting.
• The parties are empowered to reach a mutually-agreed resolution.
• The mediator will help write up what has been agreed and everyone is then asked to sign the agreement.
• The mediation session is ‘closed’ but AIMS will endeavour to follow up two months later to get feedback on the service, check whether the agreement has been kept, and see if any further action needs to be taken.

AIMS does not represent any particular party in mediation but, in some complex cases, an AIMS adviser may also attend in order to provide impartial advice to both parties during the mediation. In some cases we may encourage parties to have someone with them for support during the mediation. However, we believe that the parties themselves are best placed to present their interests, so we also ensure that any supporters are clear about their role.

Benefits of mediation

• Mediation can help the parties solve a problem together.
• Feelings and emotions can be acknowledged.
• Mediation gives individuals time and space to talk about their issues and for the other side to hear them.
• Mediation can provide an opportunity for individuals to look beyond their own version of events and to understand the dispute from a wider perspective.
• Where communication, friendship or a working relationship has broken down, mediation can help repair the damage.
• Mediation is a confidential process – all conversations that you have with the mediator will be in confidence.
• There is nothing to lose by coming to mediation, and all other options remain open.
• Difficulties can be addressed quickly and in a positive way before those involved become more entrenched and the situation worsens.
• The outcome of mediation is always within the control of the parties involved, which is empowering for older people and promotes independence.
• Mediation is generally more cost effective and quicker than if the case went to court or a tribunal.

Mediation is impartial, voluntary, mutually agreed, confidential and structured.

Mediation can be very successful in resolving disputes. For some examples of mediation in practice, see our mediation case studies.

Mediation and Complaints Procedures

Residents are encouraged to make an informal complaint/request for help when issues or problems first arise or perhaps use the formal in-house complaints procedure. Sometimes, however, positions can become entrenched even at this early stage. As the process continues, the parties can become defensive and communication suffers. If a dispute proceeds all the way through a complaints procedure, there may be few choices at the end of it if the dispute remains unresolved.

Using independent mediation, preferably at an early stage in the complaints procedure, or as an alternative to the procedure itself, can take the heat out of the complaint and prevent damage to communication and ongoing relationships.

Residents should be aware that it is good practice for their managers to have a complaints procedure that includes an option for mediation (as recommended by the Housing Ombudsman and the Local Government Ombudsman). Courts now actively encourage parties to consider using mediation prior to litigation.

Interested in mediation?

If you have any problems or issues which you feel might benefit from mediation, or would like to discuss mediation in general, please feel free to contact us at AIMS on 0845 600 2001 (lo-call helpline) or email: aims@ace.org.uk

Residents in housing schemes which subscribe to AIMS may be entitled to free mediations and facilitated meetings to help resolve disputes (depending on level of subscription paid). For those people living in housing schemes of non-subscribers, AIMS will contact the landlord/manager to request help with the fee (£400 + VAT per mediation/facilitated meeting) to enable the process to continue. It is rare that managers will refuse, as it is in the interest of all concerned to reach a mutually agreed solution to any problems. In any event, we would not expect the resident to pay.

To contact AIMS:

Address:
AIMS
Age Concern England
Astral House
1268 London Road
London SW16  4ER

Telephone:
0845 600 2001
(lo-call helpline,
open 9.30am-4.30pm
Mon-Fri)

Email: AIMS