That's settled

Recent government plans to give councils powers to intervene in disputes about nuisance garden hedges, typically the dreaded Leylandii monsters, and allow them to promote mediation between neighbours, concentrates mediators' minds on the problems of resolving neighbour disputes.

Interestingly, a surprising number of arguing neighbours, the better informed, regards their ability to reach their own agreements, (rather than be subject to a court ruling), as the most attractive feature of mediation, placing it above costs and time factors, but they do not, nevertheless, want to sit round a table with the other party.

One escape route for both parties and mediator under such circumstances is the 'meeting-less' mediation, sometimes referred to a 'distance-mediation'.

With or without a meeting, mediation has the same point of origin and, initially, requires the same approach; the person bringing the parties together, usually through their legal representative, invites them to compile their respective 'wish lists' which, if they meet, will provide the basis of their representatives' opening statements.

If they do not want to meet, the same wish lists, (which should be more concerned with parties' interests than their rights), may be used as the basis for mediation.

With the meeting-less mediation there comes a time when the role of convenor changes to that of mediator.

This may be achieved by a handover from one person to another or by a transfer of roles.

The rules for the conduct of a meeting-less mediation are essentially the same as those for a mediation with a meeting, namely, information given by parties or their respectives is confidential until the mediator is authorised to pass it to the other party.

The same experience and skills are required by the mediator, but he shuttles between parties by telephone, e-mail, fax and letter, (rather than from room to room), seeking common ground, bringing the parties closer together and making authorised offers until, all being well, agreement is reached.

Meeting-less mediation usually takes longer than mediation with a meeting and involves more 'mediator-time', hence it is more costly, but it can produce an agreement where one would not otherwise be possible.

Mediation without a meeting takes less time and is less costly than preparing for litigation.

James Franks and John Mulcare, Disputes Resolved, Lewes, East Sussex