Why the Party Wall
Surveyors Mediation Scheme?
Why the Party Wall
Surveyors Mediation Scheme?
WELCOME
The Party Wall Mediation Scheme has been set up jointly between the Pyramus & Thisbe Society, the Faculty of Party Wall Surveyors, (the two organisations that support best practice in the administration of party wall matters) and His Honour Edward Bailey. While sitting at Central London County Court, Judge Bailey was for many years primarily responsible for hearing appeals against Party Wall Awards. He became an honorary member both of the Pyramus & Thisbe Society and the Faculty of Party Wall Surveyors. After his recent retirement from the Bench, Judge Bailey was invited by Alex Frame of the Faculty of Party Wall Surveyors to set up a mediation scheme for the benefit of building and adjoining owners utilising the specialist skills and knowledge of party wall surveyors and lawyers practising in this field. Conscious that mediation offers distinct advantages over litigation, Judge Bailey was pleased to do so and made the proposal to both the Faculty and the Pyramus & Thisbe Society, who embraced the idea and joined forces to create The Party Wall Mediation Scheme.
The Party Wall Mediation Scheme offers mediators who undertake virtual mediations via Zoom/Teams – further details can be found on this website.
His Honour Edward Bailey
Michael Cooper FRICS
Alex Frame FRICS
Jack Norton MRICS
Information for owners
The purpose of this Memorandum is to introduce the Party Wall Mediation Scheme (‘the Scheme’) which is provided by the two professional bodies representing party wall surveyors, the Pyramus & Thisbe Society and the Faculty of Party Wall Surveyors in association with His Honour Edward Bailey.
The rights given by the Party Wall etc Act 1996 (‘the Act’) to both Building Owners and Adjoining Owners operate in practice by an Award made by one or more Party Wall Surveyors. This Award follows the service of a notice by the Building Owner on the Adjoining Owner and is required where the Adjoining Owner does not expressly…
Why mediate an appeal?
An appeal against a party wall award under s.10(17) Party Wall Act 1996 (‘the Act’) will usually be a rehearing. That means that the Judge conducting the appeal considers all the issues afresh and in doing so may take into account any matter relevant to the issues at stake whether dealt with by the Award or not.
However, although the appeal may be rehearing, there is no point at all in appealing an Award on a ‘I don’t like the result and I’d like another go’ basis. There is a strong presumption that the Party Wall Surveyor(s) got it right, and an Owner wishing to appeal should aim to show either that there is some technical flaw in the process leading to the Award or that something went wrong in the surveying, engineering or legal reasoning leading to the Award.
