Advising on a breach of mediation agreement

Dean was instructed to advise a claimant in a dispute originally concluded by way of a mediation agreement in 2010.

The agreement provided for one of the properties of an estate to be sold forthwith, until which time his client would reside in one of the other estate properties. Following the sale the client would receive a payment of a large sum. Despite several years having passed following the agreement having been reached the property had not been sold and thus Dean’s client had not received payment.

Dean was instructed to provide a written advice as to whether the proceedings should be restored, or alternatively as to whether fresh proceedings should be issued in light of the alleged breach of the mediation agreement.