Happy New Year
Over the break amidst the presents and fireworks you may have been involved in some informal mediations whether it was the choice of venue, wine or if brussel sprouts are a necessity for Christmas dinner or the work of the devil, you might have made some new year resolutions to find a way to resolve your problems and if so then feel free to get in touch.
Firstly mediations in Canada the Ontario Supreme Court Judge Madam Justice Nancy Spies has said in her recent judgment that despite the conflict in laws between s. 258.6(1) on the Insurance Act and s. 4(2) of O.Reg 451/98 made under the Administration of Justice Act the insurer pays the full price of the mediation process irrespective of the parties’ financial position.
In her judgment she said “The clear intention of the Insurance Act was to allow a plaintiff to request a mediation to be paid for by the insurer in the hope that the action might be resolved. The policy reasons seem clear – I do not think it is meant to apply only where a plaintiff is impecunious. Clearly the legislature assumed that in these circumstances the insurer is in a better position to absorb the costs and pay for the costs of the mediation.”
Frankly the payment of the mediator fees should have been dealt with prior to the commencement of mediation or if not as part of the mediation itself, but as it wasn’t it is good to hear a judge making it clear that the mediator gets paid whatever the outcome or position of the parties. As the courts in England and Wales move ever so slowly towards mandatory mediation Northwest Mediation trusts that they won’t lose sight of the fact that most professional mediators insist on payment before the commencement of mediation to avoid issues such as these arising and detracting from the hard work that each and every mediation involves.
In other judicial moves (over in Riyadh) the Ministry of Justice has confirmed that mediated settlements can now be directly filed and recorded with the ministry and as such become enforceable as court orders.
Most, if not all, the mediated settlements that Northwest Mediation are involved in drafting are enforceable as contractual agreements between the parties, or if proceedings are already underway are filed as “Tomlin” orders to be enforced via the courts. In Riyadh allowing the former to be registered and enforced as court orders recognises that mediated agreements are part of the court process even if that process takes place before any court proceedings.
There are so many cases which could have been resolved by early intervention of mediation it continues to surprise me the lengths the public (and some lawyers) will go to avoid referral.
Whether you need a mediator to help out with a construction matter in the Northwest, or council’s plans in Cheshire, a civil mediator in London, a commercial mediator in Manchester, a dispute resolution for your family in Liverpool, a neighborhood mediation in Stockport, then our mediators at Northwest Mediation can help.
Mediation is cheaper, quicker and less stressful than running any case to court, it can help with any dispute whether it's an employment issue or the sale at an under value of a property, a fight with a neighbour, family issues, commercial disputes or inheritance arguments contact Northwest Mediation on 07931318347 or via email at email@example.com
neighbour mediation; commercial dispute resolution; civil mediation; commercial dispute; corporate dispute; commercial mediator; family mediation; inheritance mediation; property mediator; civil mediator; civil litigation; fast track mediation; injury mediation
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