It’s a mixed bag of international mediation news this week, with stories from our former best hope for peace the EU, to our next most likely trading partner and home to chlorinated chicken the US and then down under for the Australian Grand Prix.
First looking at just another area in which we will no longer be involved in as we fall out of Europe.
The European Commission for the Efficiency of Justice (CEPEJ) met in Riga this week with legal luminaries and other actors in the mediation sphere to assess and support the mediation work in Latvian courts.
The meeting was the next step in assessing the impact of any proposed changes and how mediation can assist in cutting time, stress and cost in the court process itself.
The investigation and subsequent report is being organised as part of the framework of the joint Council of Europe and European Union project, which goes by the easy to remember title of “Strengthening the access to justice in Latvia through fostering mediation and legal aid services, as well as support to the development of judicial policies and to increased quality of court management”
More on the Rochester diocese mediation with their insurers this week with U.S Bankruptcy Judge Paul R. Warren agreeing the nomination of a mediator.
Federal bankruptcy judge from Nevada, Judge Gregg Zive, was provisionally agreed by the court to act as mediator.
The appointment will need approval by both the Second Circuit of the U.S. Court of Appeals to which Judge Warren belongs and Ninth Circuit court from where Judge Zive operates.
At the same hearing Judge Warren also confirm that a former Bishop Emeritus Matthew H. Clark could give evidence under oath in the claim should it not settle via mediation, but the examination will only be limited to one day due to the Bishop’s ill health (which the Bishop’s own attorney had argued exempted him entirely, does that suggest he was well enough to give instruction but not to give evidence?)
Remaining state side British father Christopher Worcester has dropped his claim for international child abuction under the Hague Convention against his former partner and mother of his child Andrea Grieb.
Worcester had initially issued proceedings in December for “secure, prompt return of children wrongfully removed to or retained” but after an hour’s off the record discussion the parties agreed to enter mediation to resolve their differences in relation to the care and living arrangements for their child.
The couple have 60 days to resolve matters during which time the child will continue to live with the mother and the father is not allowed to interfere with any immigration attempts for the child. If no settlement is reached the case will return to the Washtenaw County court, Detroit.
At the Royal Courts Judge Philip Moor had ruled in Worcester’s favour stating that the mother had used “subterfuge” in the removal of the child, and although there is no way to enforce the RCJ ruling in the US by U.S. District Judge Robert Cleland found in favour of the father. The mother alleged she had no notice of the previous hearing and appealed the result of which is this current mediation.
It’s been a few years since I followed the F1 circuit in great detail but it still pleases me to see that a strike which would have impacted on the travel arrangements for thousands of fans to the Oz Grand Prix has been avoided by use of mediation.
The Rail, Tram and Bus Union will now enter talks with Yarra Trams, Public Transport Minister Melissa Horne having previously refused to get involved saying "It is not my job to do either the union's job for them in negotiating that or to do Yarra Trams job in negotiating their agreement."
Despite her reluctance Miss Horne is expected to attend some of the talks though a spokesman for the government was keen to point out "The government facilitating mediation does not make the state party to the agreement…We continue to encourage both parties, Yarra Trams and the RTBU, to come to an agreement as soon as possible."
The dispute started last year when the tram operator wanted to increase part time workers from 4% to 15% with wages increase of 12% spread over four years.
As we’ve said before choose 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.
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 (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 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 ed.johnson@northwestmediation.co.uk
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