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Writer's pictureEd Johnson

Mediation news

With the continued backlog of cases mediation is now more than ever the best choice to find a resolution for your dispute.  Get your dispute resolved now so 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.


Hello dear reader, yes it’s been a while, and quite a month for the denizens of NWM towers.  We had some pretty catastrophic family news which has absorbed an awful lot of energy, time, money and patience.  All things that a good mediation should avoid but sadly not something with which mediation could help.  But as one chapter closes another opens and we strive to move forward, find the positive and repair, recover and rest.


My other half reminded me that when you’re depressed one of the things you need is “deep rest”, it’s almost as cliched as “live, laugh, love” but actually more useful as a reminder to take time for yourself, your loved ones and allow time for grieving, whether a death or an unexpected change in circumstance.


So that’s what I’ve been doing.  Doing so has reminded me that life is short and that today’s problems are next year’s tales and that there is always light at the end of the tunnel, and it’s not always the train coming towards you!


If that sounds a little bleak you’ll appreciate I’m still working on the recovery aspect.


And of course feelings matter, they impact on how you operate and react to circumstances, as this piece by Joyce Mazaro reminds us it isn’t merely in family cases that emotions need addressing, understanding and, sometimes, redirecting.


I often find in company disputes there is more personal aggravation than is generally appreciated by any and all involved.  Finding what causes the anger, whether feelings of betrayal or disappointment, allows you to address them and help both sides move to a settlement. 


The case I always refer back to was my first multimillion pound matter where it was settled because both directors were able to agree they were really disappointed with each other and that after many years working together had been unable to resolve their differences without an expensive legal battle.  It was a classic case of both being so annoyed they couldn’t move forward without knowing the other person was just as aggravated, once that was dealt with the settlement was a handshake and a deal.


Mediation day in Utah (Utah, Utah saints – if you’re a certain age) sees a combination of lawyers, judges, mediators and the general public come together to try and resolve issues for low income claimants and defendants on a volunteer basis.


Mediator and president of the Utah chapter of the Association of Family and Conciliation Courts Todd Wetsel said "See how casual we are? That's part of the magic of this group…Whatever it is they're fighting over in family court — divorce, custody battle, whatever they're fighting over — they can come here if they're referred and get the best mediators, one of the best lawyers, the judge, a mental health professional if there are children involved, a paralegal to do document preparation, anything associated with family court, for free."


OK I don’t do free but we are cheap!  No really look at the comparison of court case vs mediation.


Last month I mediated a probate case (actually two live cases) that had been ongoing 10 years, in a day (and for under £2000) both cases settled, in a very long day but only a day, which had it been 10 or even 5 years ago would have seen many family members being able to move forward and tens of thousands of pounds in legal fees saved.


Back on business and city mediation Richmond (no not Sunak’s seat but one over the pond) is in dispute with VCU Health following a failed development plan.


Rather than slug it out at court the parties have agreed to take matters to mediation, there’s a lovely letter from the Mayor saying, in essence, “we’ll go to court but we’d much rather sort this out amicably”.


It’s sort of the point most clients make to me when we meet, quite often they need reminding that the other option (normally court or tribunal) is something they said they wanted to avoid to get them back to talking terms (or sense).


Good luck Richmond, though you can keep your skinless sausages.


The three pillars of mediation remain it’s voluntary (at the moment), it’s confidential, the mediator is impartial and independent, by using those pillars to support your work the parties keep control, save costs, save time and energy and reduce stress. 


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 me at Northwest Mediation on 0161 667 4418 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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