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  • Ed Johnson

Dealing with Frustration - mediation


What does the future hold once we drop out of the EU for mediation? The EU Directive on mediation will remain in force (at least as far as I understand things) until the end of the year at least, but any changes to it will now be made without the UK’s input.


The courts of England and Wales seem to be grinding slowly towards the acceptance of mediation of a standard practice but are yet to adopt it as a standard direction in any court (even in Manchester where we have the ongoing pilot scheme), but nothing moves fast in the law, that’s why mediators have to be so proactive it sets us apart from the legal system.


Northwest Mediation can meet at a moment’s notice, arrange a mediation within days not months and resolve your long outstanding issues in hours not years.


The speed at which changes occur in the legal system are frustrating, so is the block on some American websites because we’re in the UK - otherwise I’d be able to tell you more about the case of the (now former) teacher who dragged the autistic child through the school corridors in Greenup, Kentucky.


As it is all I can tell you is that the case is heading to mediation and leave you a link here which you may be able to use if you live outside the UK!


Another of mediation's frustrations can be when parties seemingly don’t want to reach an agreement. This article is a little reminder not to take blame on yourself as a mediator some people won’t want to settle, others are desperate to do so, but when they are in mediation it is an indication that they see the sense in attempting to find a resolution.


At Northwest Mediation we have a success rate in mediation of over 89% on the day of mediation with most parties who do not settle at mediation finding an agreement shortly afterwards.


Even where no agreement is reached in mediation the issues are often narrowed allowing a proper understanding of the parties’ case. Sometimes you discover in mediation that one party has wholly misunderstood what their lawyers have alleged or what the other party has responded. Getting those frustrations out in an open meeting is crucial to identifying the real issues which allow you to find solutions.


Someone not being frustrated is the prominent mediation practice of Miles Mediation & Arbitration who are moving into a massive new ADR centre in Atlanta.


Over fifty meeting rooms, with views over the Georgia state capital, if you wanted evidence that mediation could be a viable business then look no further than MMAA’s new office building! At Northwest Mediation we use professional meeting rooms all over the country for the convenience of clients and don’t have any plans to expand our small office to this sort of size, at least not this year!

CMO Marcie Dickson said of the move into the huge new ADR centre "This move signals the rapid growth of our company. Over the years, clients have benefited tremendously from the help of our neutrals, and our new facility will enable Miles to handle even more complex high-value commercial mediations and arbitrations."

Frustrations are also running high in the Alabama Democratic Party between current chair Christopher England and former chair Nancy Worley.


The solution needs to be found quickly so the party can concentrate on electioneering for this year’s presidential campaigns and before the primaries in March. The two sides are set for mediation to commence next week.


The initial problems arose when the Democratic National Committee (DNC) ordered re-elections of leadership posts and to change their regulations to encourage more involvement from and better representation for minority interest groups.


Worley was accused of not responding and missing deadlines set by the DNC who eventually removed her from the chair amid accusations of under-spending during campaigns in 2018 but she continues to refuse to accept the authority or decision of the DNC.

Finally this week we see the appointment of a mediator to help find a way forward for the two sides regarding the purchase of the beachfront property in Toms River, New Jersey.


The owners of what was once the famous Joey Harrison’s Surf Club and the township which neighbours the property (represented by the Ortley Beach Voters and Taxpayers Association) are off to mediation to see where there can be movement on the current gap in expectations.


The Barcellona family, who own the property consider that for the beach front property including the club, the parking and the beach itself is valued at $8.3 million, the township wants to be able to connect the publicly owned areas of the north and south beaches and currently the Barcellona property divides these.


Don Guardian, Township Administrator who will be part of the team representing the township, said that the beaches should be open to the public forever.


The Barcellona family have been battling with insurance companies over compensation following the devastation of the area by superstorm Sandy in 2012 but have continued to pay significant sums in tax for the land on which the club used to stand, so they have a vested interest in finding a workable solution.


So often in a commercial dispute it comes down to offer and counter offer but at Northwest Mediation we know that sometimes it’s not just a matter of money on the table now, it could be any combination of staged payments, retaining rights over the land or benefits from future developments.


As we’ve said before choose Northwest Mediation to mediate early and resolve your issues effectively, quickly, and with less stress and costs than going to your solicitor. 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.


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 (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 Liverpool, a dispute resolution for your family in Manchester, 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 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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 ​​Northwest Mediation

Adelphi Mill

Suite 1.1 (F)

Bollington

SK10 5JB

info@northwestmediation.co.uk

07931318347

 

Northwest Mediation, Stockport Mediation and Bramhall Mediation are trading names of Ed Johnson

(c) Ed Johnson 2016

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