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  • Writer's pictureEd Johnson

Mediation news - more success in landlord and neighbour mediation

With the limited access to courts and lawyers 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 uses Zoom, Skype and FaceTime as well as the phone and emails to resolve disputes so please do not feel that you cannot contact us as there are limits on physical meetings.

The New Hampshire court circuit is to consider making mediation freely available in landlord and tenant issues to reduce the massive backlog from the pandemic. I know I’ve mentioned it nearly every week that landlord and tenant disputes have (and will continue) to explode in case numbers as the impact of wage losses and redundancies hit tenants and during the various moratoria that have been imposed during the pandemic no landlord could evict a tenant.

As those stays of execution are lifted and as the pandemic (fingers crossed) begins to end or at least its impact lightens there will be a huge number of cases that need to be dealt with. It only makes sense that whether it is a landlord and tenant matter or any sort of civil claim mediation gets used. Mediators are quick and efficient, we can’t promise Northwest Mediation will help you settle your claim in minutes but you will get a resolution in hours which otherwise you would be waiting months to resolve at court.

Coordinator of the Office of Mediation and Arbitration Margaret Huang said “Mediation gives landlords and tenants the opportunity to come up with creative solutions that are beneficial to both parties and tailored to their individual situations…this emergency pilot project could not be better positioned to resolve these cases during the COVID-19 pandemic, when both landlords and tenants may have been seriously financially impacted.”

Australian Securities and Investments Commission (ASIC) has brought proceedings against RI Advice (and former advisor John Doyle), owned by “wealth manager” IOOF. The group had been an example of bad financial advice in the Hayne royal commission into bad banking practice.

But before the case can go further than the case management hearing Justice Mark Moshinsky has ordered the parties into mediation.

John Doyle was one of several advisors who received significant sign up bonuses, he advised various clients including school teachers where to invest and alleged he received no payment, which he clearly did.

The advice he gave is alleged to have been to invest in risky ventures which profited him but not necessarily the punters. Head of IOOF Darren wheat admitted in his commission evidence that it was unacceptable to have continued to allow Mr Doyle to give advice following a number of complaints that had been received.

Further allegations relate to failure to have suitable cyber security in place leading to a breach of data protection and a cyber ransom attack.

The Philadelphia Federation of Teachers are continuing to work remotely while mediation continues over the terms of their return to work an exposure to possible Covid infection.

The city, going back on its previous position, has said that no teachers will be forced back to work until the situation is resolved Mayor Kenney said "The mediation process is still ongoing. Without a final decision from the mediator, teachers won't be mandated to report tomorrow, but any teacher who chooses to report is welcome to do so," now when he says decision of a mediator I think he means arbitrator as a mediator does not make decisions they assist the parties to reach a decision.

But maybe he means until the release of the agreement reached in mediation. The PFT continue to hold protests outside schools unti a final decision is reached.

Finally this week a comparative study of different forms of ADR, from conciliation to arbitration via mediation, the best being the last. Mediation adopts some of the parts of conciliation in certain circumstances, as with a neighbour dispute I recently dealt with it was the neighbours understanding each other and reconciling their emotional differences that led to the resolution (ultimately with Northwest Mediation’s involvement being limited to initial discussions between the parties to uncover what lay behind the overt issues).

I cannot claim that mediation will like an arbitration examine facts and determine what is “true” but then truth is a fairly flexible term and no court has ever decided what is “true” merely what the court determines it believes, which doesn’t change the view of either party as to what is actually “true” so a determination is unlikely to lead the parties to a satisfactory conclusion.

I’m not going to begin to scratch the surface of how much mediation uses negotiation skills other than to say 75% of your life is negotiation if you think that reduces in a mediation you’re not in need of a mediator you’re in need of therapy.

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 the tunnel and see the light. 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

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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