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 can be no physical meeting.
For this week's round up we start with the US Equal Employment Opportunity Commission mediation scheme.
Under changes announced by chair Janet Dhillon the Equal Employment Opportunity Commissions’ mediation program will now include “worker bias” claims.
“EEOC’s popular mediation program has been tremendously successful over its 20-year history and the ACT Mediation pilot creates more opportunities to resolve charges throughout an investigation”
The change is not without criticism as it removes from the EEOC’s hands enforcing the law and allows parties to deal with the matters in the confidential arena of mediation Democratic Commissioner Charlotte Burrows warned the move was a “grave injustice and a violation of EEOC’s responsibility to enforce the law.”
I can see Charlotte’s concerns that if all allegations are dealt with in private the EEOC’s oversight role is diminished in dealing with the nature and extent of allegations, but given the EEOC will have to direct matters to mediation they are still going to be aware of “repeat offenders” and possible abuses of the system, ultimately if employee and employer would prefer to settle matters without the involvement of the EEOC that is a matter for them.
What happens when confidentiality is breached? Well here FIFA accuses Trinidad and Tobago Football Association’s (TTFA) lawyers of not complying with the requirement for mediation discussions to be kept private and confidential.
Back in March FIFA took steps to dissolve the administration of the TTFA led by William Wallace (FREEDOM!) last month TTFA requested that matters be referred to mediation for settlement.
Ending the process a statement from FIFA clarified the areas that could have been dealt with and why they were withdrawing:-
“It should be noted that the mediation FIFA previously agreed to with “United TTFA” would never have dealt with the legality of the appointment of the Normalisation Committee and would only have covered some costs related issues… This mediation will not go ahead now in any event, owing to the failure of the lawyers of “United TTFA“ to keep the matter confidential, in line with their professional and ethical obligations”.
I’d be looking to the indemnity insurance of those lawyers if I were the TTFA.
We’ve said before confidentiality allows parties to explore possible options, their reasons for actions and what they’d like to achieve once that confidentiality is breached it is near impossible for the parties to deal with each other in the same open way.
In other international mediation news Josep Borrell EU High Representative announced he was considering mediation to find a resolution to the strained relationship between the EU and Turkey while in Turkey he said “I am here to find a solution to the conflict between Turkey and Greece over the Eastern Mediterranean. We plan to organize negotiation talks between the two sides”
The 27 foreign ministers of the EU will meet on Monday to discuss various matters including the situation in the eastern Mediterranean and the distribution of hydrocarbon revenues from Cyprus.
The discussions will also include working with Turkey in Syria, Libya and the refugee crisis which continues unabated despite covid lockdowns across the world.
The Italian Challenger of Record (Luna Rossa) and Defender (Emirates Team New Zealand) teams dispute over the obligations and costs which Luna’s event management arm (COR36) were supposed to meet for the broadcast of the host broadcast of the Prada Cup and America’s Cup Match.
The case was destined for an arbitration but both parties agreed to mediation by Chairman of the Arbitration Panel, David Tillett, who said of the result "The mediation process has been successful. This case is thus settled. The other competitors, NYYC American Magic and Ineos Team UK, have been informed of the result of the Mediation." The costs were paid equally by both sides
Clearly court is now your least appealing option for civil claims and family disputes, the backlogs are now headline grabbing so don’t hesitate to contact Northwest Mediation with your details using the chat button, filling in the contact form, phoning us or email, we can get back to you quickly and get the ball rolling often for free.
As we’ve said before choose to mediate early and resolve your issues effectively, quickly but with sufficient and sensible pauses for reflection, and with less stress and costs than going to your solicitor. You have an interest in the outcome the sooner you get around 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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