Delay defeats justice - mediation doesn't
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.
Delay, one of the primary reasons I push for parties to go for mediation not litigation. With another hat on I deal occasionally with probate applications (as opposed to dispute arising from) and it never ceases to amaze me how a process which should be relatively straightforward, indeed more so now the whole thing is online (except it doesn’t apply to a vast range of applications) can be delayed. We still talk of a probate year being the time it takes in a good year to get valuations done, probate applied for tax paid and money in and out to beneficiaries, and in mediation too there can be delays but they are never going to be as bad as the ones the court system is grinding under.
Here there are delays caused by one party not being ready to make a new offer, Altitude and Comcast have been in dispute over alleged antitrust behaviour in purchasing broadcasting rights and I blogged some months ago about their first mediation session. That ended with a plan to reconvene in June but due to “court scheduling” this has had to be pushed back.
In the UK courts don’t have to schedule mediation (in fact when I book rooms at Manchester County Court I deal with the excellent building team and leave the judges out of it) mostly mediation sessions for myself and my clients are either at the office in Macclesfield, at their solicitors’ office or a neutral venue booked for the occasion whether that be Bolton, London, Birmingham or elsewhere in the country.
Delay defeats justice whether for the guilty, the not guilty or the victim. And when it comes to allegations of inappropriate behaviour, generally, but not always, by men delay is damaging to everyone. The problem continues to be a major issue in society and the fundamental changes needed in a patriarchal society will sadly not happen any time soon.
In this instance former quarter back (which I believe is some form of American football position) for Texas Deshaun Watson is accused of 22 women for sexual misconduct during (amongst other matters) massages.
Courts have not indicted him and the governing body for the sport is now considering whether it should take steps irrespective of the court process. Those discussions between the league and Deshaun are taking place in a form described here as mediation though my gut says that if it was really mediation it would need the other party (the women alleging misconduct) to be involved. However as this appears to relate to only sanctions and not the damage caused by the alleged misconduct perhaps this is correct. Deshaun maintains his denial of any wrong doing and will continue to fight to clear his name.
One way to cut down delays is of course to automate (if it’s good enough to assess if benefits can be increased surely the computer is up there for claims?). In Japan the whole of the civil justice system is going to be computerised, including mediation.
That’s some giant leap for mankind, unrepresented parties will still be able to use paper but everyone else at every stage will have to use online systems, those of us working from home and who scan to pdf on your Iphones will be busy.
The three pillars of mediation remain it’s voluntary, 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.
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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