Sibling living in inherited property

[Surreyburger]

My sister and I have found ourselves in a bit of a situation with our brother and really hoping for thoughts on anyone else who’s been in a similar situation.
4 years ago our mother passed unexpectedly, my brother ( in his 40’s) was living at her house at the time ( the house has no mortgage ). Probate split the property title 3 ways and now we find ourselves in a situation where my sister and I would like to sell the property to split the inheritance as due but my brother is not engaging or welcoming this ( he is still living there and isn’t paying any occupational rent either ). The house has been on the market for over a year and when it got to the point of accepting an offer he refused.
we subsequently contacted a solicitor who sent a ‘ letter before action ‘ giving him well over 6 months to vacate the property otherwise a court order to sell the property would be filed and he could be due back rent , court costs etc . He did not accept this and replied with what can only be described as a sob story and making my sister and I look bad . In our eyes the next step would be the court order to sell the property to get it over with . But our solicitor has suggested some sort of mediation through them , or another form of alternate dispute resolution (ADR). Now we know my brother will not engage or attend anything like this he will just bury his head in the sand as he has done for 2 years ( when we first advised him we wanted to sell ). Our solicitor has suggested the court will want to see that a form of ADR has been attempted because they encourage settlements between the parties and sometimes the judge will stay proceedings so further ADR can be arranged . Apparently a judge can order him to participate. So here’s the thing we are unsure if this is solicitors ‘ sales tactics ‘ in an attempt for them to run the ADR and we suffer more costs . I’m wondering ( and hoping ) someone can relate to this predicament and has been successful via a court sale order without face to face mediation. Thanks all .

In civil disputes, courts generally want to see that all other angles have been tried first. If your brother choose to actively not cooperate (which is different to burying head in sand) then full enforcement is likely to take an extended period of time and be costly all round.

Some form of mediation will be needed. Whether ‘your’ solicitor is the best entity for that is a separate matter. Your brother may well see that as being ganged up on.

In practical terms, he needs somewhere to live. So looking for an approach on mediation that helps solve that may be your best outcome. Starting point being is he likely to be in a position to get a mortgage to buy you out? 30% equity is a good starting point.

Really appreciate the response . I see there are mediation specialists which could be a more cost effective route rather than our solicitor , and when he doesn’t arrive that would suggest him not actively cooperating . He did say he was open to mediation but has not arranged this .
I don’t think he is in a position to get a mortgage to buy us out . But his portion of the house sale he will receive will be able to purchase a project flat in our area - but he sees this as beneath him as he is currently living in a 4 bed bungalow .