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  • Ed Johnson

Compulsory Mediation?

With the continued backlog of cases 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 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.


So pleased was I that the liar in chief at number 10 had left I had to take a week off blogging, and now I am about to leave for a week’s holiday but before I do let’s have a roundup of mediation news.



First up I tweeted on this yesterday it’s the plan to make mediation mandatory in most civil claims under £10,000, the plan is to offer an hour of telephone mediation funded by the MOJ.

Seriously under estimating how long a “low cost” mediation case takes I’ll be responding on the consultation via the CMC, this woefully undervalues the job of the mediator, the time and the skills involved. Making mediation mandatory is of itself not such a bad thing (though it takes away one of the fundamental pillars of the process, settlement of course remains voluntary). My concern is more that mediation just becomes another part of the legal process as opposed to it being ADR.



I worry that the cases will become like the one described here in that it’ll just be bargaining, I can already see Raab lining up a computer program (from a favoured tory donor owned company) to do the bargaining, anyone can split the difference in a money based claim but that isn’t what mediation is about.


The road to hell and all that.



Meanwhile courts themselves are subject to mediation in Springfield, Massachusetts where the mediation work is ongoing regarding the alleged failed deep clean, problems with the Roderick Ireland courthouse roof and repairs which remain extant.


Jeff Morneau who acts for the plaintiff (claimant) employees said the court owners had not lived up to the spirit or lettering of the agreement to carry out the deep clean over the holiday weekend (4th July). Extended time has been given for work with the mediator as Jeff says so that “The occupants of the building are going to have an opportunity to provide information with regard to the deep clean that either did not happen or areas of concern that they have after the deep clean”


I was lecturing again the other week at the request of the Family Mediation Trust, lovely people, it was my “advanced” (open to debate) inheritance mediation workshop and it was good to hear different ideas about what to raise and what to steer clear of in that type of discussion, again you could often just split the difference in those cases but that isn’t how (or indeed why) mediation works.


I was hoping there might be some up to the minute news on inheritance mediation, sadly not, however this article from Alastair Pye though a couple of months old is still worth a read.


I like his reference to keeping parties apart for their own good, attendees at my workshop will recall what happened in the fictionalised version (and indeed what I told them about the real events the case study was based on) sometimes fisticuffs is the least of your worries!


The three pillars of mediation remain it’s voluntary (except apparently when it won’t be anymore), it’s confidential, the mediator is independent, by using those pillars to support your work the parties keep control, save costs, save time and energy and reduce stress. Finally this one is mediation, mediator jointly appointed, areas of discussion agreed and intention to be bound by the outcome.


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 and now if it's under £10k you won't be able to avoid it.


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 07931318347 or via email at ed.johnson@northwestmediation.co.uk


neighbour mediation; commercial dispute resolution; civil mediation; commercial dispute; corporate dispute; commercial mediator; family mediation; inheritance wills probate mediation; property mediator; civil mediator; civil litigation; fast track mediation; injury mediation


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