News Mediation and the Law
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, Whereby, 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.
A Syrian road captured 7 months ago by troops backed by the Turkish government in Syria has reopened to traffic.
The mediated deal brokered by Russia will allow two convoys to pass along the route each day to the relief of the citizens of the two cities who have been cut off since the taking of the road last year.
The original figure in the 2018 contract was an eye watering $18.5 million for work by Viking at Wacker’s plant in Charleston which produces pyrogenic silica (trademarked as HDK by Wacker and used as a mild abrasive in things like toothpaste or for its reflective qualities in make up).
As well as dates this month and next for mediation a case discussion hearing is scheduled for 19 June by which time if matters have not moved forward in mediation the court will issue further directions. Counsel for IDB Ginger Buchanan sounded a cautiously hopeful note that by 19th June “there may be resolution to the case”.
We’ve reported previously on the mediation between Bayer and the many thousand of claimants alleging they or their late relatives suffered cancer as a result of using Roundup weedkiller (full disclosure - we have some in the shed).
The 125,000 claims worth millions of dollars may have been settled as reports suggest that the Bayer board is looking at approving settlements achieved through mediation before making an announcement later this or early next month. It is of course a good time to release bad news stories.
Presumably it will be on a non-admission basis but given the prevalence of Roundup it seems likely that cases in other countries may follow.
I’ve already tweeted this one out but it deserves a bit more discussion here. A solicitor who lied (it’s not bluffing) about the booking and intended attendance at mediation by counsel has been struck off for the lie.
It’s a sad case where the lawyer involved overstepped the mark. Had he suggested rather than asserted that counsel was coming then maybe the SDT wouldn’t have made such a draconian order. It is one thing to say you believe something may be the case another to say that it is.
All solicitors and barristers bluff, it’s in the job description so to speak but they are not supposed to lie (or some cynics may add at least not get caught doing so the “Cummings Defence”).
However, in this case the error of threatening attendance by senior counsel is, to me at least, pointless. Mediation isn’t about who’s got the biggest baddest lawyer (yes I did reword that from saying mediation isn’t a certain type of contest seen in pub toilets), it’s about finding ways forward that the parties can live with, that will be based in fact and law but isn’t restricted to the limits of what a court might suggest (and by implication what a barrister however senior may think appropriate). The lawyer clearly not only misinterpreted the rules of his own profession but misunderstood the purpose of mediation, a hard lesson learnt in a career damaging way.
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 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 email@example.com
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