With the continued backlog of cases mediation is now more than ever the best choice to find a resolution for your dispute.  Get your dispute resolved now so you can really concentrate on what’s important and what deserves your time and energy.

Northwest Mediation continues to use Zoom, Skype and FaceTime as well as the phone and emails to resolve disputes should we add we also do live in person mediation too!  So please do not feel that you cannot contact us if you would like to mediate but wish to do so remotely.

Over in Ireland (I hesitate to say land of my forefathers but four generations back it was) mediation is seen by the legal profession as being the preferred ADR (we say NCDR now) to resolve disputes.

Mason Hayes and Curran Partner, Gerard Kelly said “The preference for mediation highlights its effectiveness in resolving disputes efficiently and amicably. However, finding the right approach is key.

“Companies need to take account of the type of dispute resolution mechanism that will best serve them, no matter what side of the dispute they are on. They should consider whether they want something that is cost effective or speedy, and whether it is important to maintain a business relationship while a dispute is being resolved.”

Quite right, come see me is my advice I’ll resolve your issue (even if it’s a ten year dispute over inheritance) in a cost effective timely manner.

And not mediating might even amount to unreasonable conduct.  Ms Leeks v University College London Hospitals NHS Foundation Trust the employment appeals tribunal found.

The initial tribunal felt that refusal to enter mediation was not tantamount to unreasonable conduct however the EAT felt differently.

The EAT found that whilst each case will be looked at individually the refusal to enter mediation or even entertain the notion can be unreasonable conduct. The burden still falls on the party alleging the unreasonableness of the conduct but simply stating on a directions questionnaire that the case is not suitable is no longer enough and parties need to properly consider what and how they deal with the offer of mediation.

The three pillars of mediation remain it’s voluntary (at the moment), it’s confidential, the mediator is impartial and independent, by using those pillars to support your work the parties keep control, save costs, save time and energy and reduce stress. 

In person or via electronic media as we’ve said before choose to mediate early and resolve your issues effectively, timeously, and with less stress and costs than going to your solicitor so you can get out choose a different path, not quite the road less travelled but perhaps the path less adversarial. You have an interest in the outcome the sooner you get round the mediation table the quicker you can move forward and avoid the grilling a cross examination in court would put you through.

By having a deep and meaningful discussions with parties the mediator elicits what the true “red-lines” are and where there is the potential for compromise, it is with this structured period of reflection that the parties are then able to reach an accord.

The flexible nature of mediation and the possible outcomes make it an ideal way to resolve disputes in an ever-changing world and the open nature of discussions in mediation whilst remaining confidential allows all sides to engage fully in the process and understand the needs of all involved allowing parties to reach a conclusion which both sides can live with and move on.

There are so many situations which could have been resolved by early intervention of mediation it continues to surprise me the lengths the public 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 neighbourhood 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, civil mediation or inheritance, wills and probate arguments contact me at Northwest Mediation on 0161 667 4418 or via email at ed.johnson@northwestmediation.co.uk

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