Civil Mediation News
With the limited access to courts and lawyers mediation is even more so now than ever the best choice to find a resolution for your dispute. Get your dispute resolved now while you can’t go anywhere 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 so please do not feel that you cannot contact us as there are limits on physical meetings.
Starting cyberspace today with Steven Gilford’s article dealing with the benefits of mediation taken from real life examples of insurance disputes where determination was based in the first case (Universal Cable Productions, LLC v. Atlantic Specialty Insurance Co., 929 F.3d 1143 (9th Cir. 2019)) on whether Hamas was a de facto nation state for the exclusion clause definition of war. Steven makes the point that whilst in those circumstances it is clear that there was an attack which needed to be assessed as war or not had the attack been cyber assault how could anyone have determined without lengthy and expensive investigations (particularly given it is probably only a country’s state services which would have sufficient expertise to determine).
In the second matter (Kimmelman v. Wayne Insurance Group, 18 CV 041 (Court of Common Pleas, Franklin County, Ohio, Sept. 25, 2018)) it’s whether bitcoin or other similar cryptocurrency can be regarded as money for insurance claims.
It’s in these situations that Steven says (and I agree) that mediation would be useful, not constrained by rules on evidence in the same way a court and having the unique ability to discuss and agree resolutions in private without setting precedent such matters could be resolved at a fraction of the cost and time involved.
It’s often the way that in a mediation the parties or mediator will come up with a resolution that could not (or would not) be set down as a potential way of settling at court. The very confidential nature of mediation allows any such novel solutions to be used in one case without binding a party for all future similar cases, but does inform the parties and the mediator of what can be achieved when minds are focused on resolution not fault.
Bit of good news to spread the Humboldt Mediation Services who are a not for profit mediation service in California have had a painting by local artist Jim McVickers donated as part of fundraising efforts for the centre, please feel free to bid or indeed donate art for Northwest Mediation, which we will either put up on the wall in the office, the home office or sell to help fund our biscuit supplies.
450 Four Seasons’ employees are heading to mediation this week represented by Anticouni & Ricotta as the California state code is such that any furlough lasting beyond 6 months is treated as termination of employment, with all the pay-outs and benefits that follow from such a decision (even where the decision is not really in the hands of the employer due to the pandemic).
The case involves millions of dollars in payment so is ideal for settlement via mediation as the hotel chain has cancelled bookings into 2022, the parties have agreed to mediate beginning 30/4/21, whether the largest shareholders (47.5% each) Bill Gates and Saudi Arabia’s Prince Alwaleed Bin Talal will attend the mediation in person is not known, but I’d argue is unlikely.
You’ll recall we’ve mentioned the mediation attempts in Georgia previously, now there is some movement which the opposition (who argue the previous election results were illegitimate) have sounded a cautious welcome to the mediation proposals from the EU.
The opposition has welcomed some of the suggested proposals for prisoner releases but remain concerned about other proposed steps.
Salome Samadashvili of the opposition party said she welcomed the passages regarding prisoners but found “certain issues problematic in the proposed document”
Akaki Minashvili of the ruling party’s United National Party said they were not happy with the way proposed way forward, particularly linking any performance by the opposition party to the need for snap elections.
The work continues by European Council President Charles Michel.
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 the tunnel and see the light. 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 Northwest Mediation on 07931318347 or via email at firstname.lastname@example.org
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