Legal Jargon

Mediation is a form of alternative dispute resolution that can be used to settle a wide range of legal disputes and avoid some of the expense, delay and potential risk associated with court action. In mediation, a neutral, trained third-party individual is appointed to assist disputing parties in coming to a mutually acceptable resolution through negotiation and compromise. In certain cases, the disputing parties’ legal advisers will attend a mediation. Mediation is voluntary for both the claimant and defendant and is non-binding until it is written into an agreement that both parties sign. If not satisfactory agreement can be reached, the parties can still decide to pursue the matter through the court system.

In family cases it is usually a requirement to have attempted mediation before an application can be made to the court. Mediations for family cases are generally attended by the parties only.

The age when a person gains full legal rights and responsibilities. In the UK this is the age of 18. Up until then, a minor would generally need a Litigation Friend to act on their behalf.

A legal term which means the seller has limited knowledge of the property and cannot give a full title guarantee because they do not know enough about the property. Typically, a limited title guarantee might be used when an attorney, an executor of a deceased person’s estate, or by trustees or a personal representative.

The bank, building society or other person or company that lends money to the buyer / owner of a property or other asset.

A form of guarantee where one party agrees to compensate another party for any specific loss or damage caused by the first party’s action (or failure to act).

This is a technical conveyancing term that implies certain “warranties” or “guarantees” in your favour. It is the standard guarantee given to the buyer by an absolute owner who knows about the property.

The formal exchange of the two identical copies of the contract when the seller and buyer in a property transaction become legally bound to complete the transaction on an agreed date for an agreed price, and the deposit is paid.

A search to check for any indication that the property may be affected by contamination, flooding, ground stability or other environmental factors.

The questions asked by the buyer’s lawyer to the seller’s lawyer to clarify aspects of the legal title and search results.

The formal process in legal proceedings where parties make available to the other side relevant documents on which their arguments are based, provided they are not protected by privilege, in which case they may not have to be shared.