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  • Ed Johnson

Positivity - Mediation

With the continued backlog of cases 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 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.

For the first time in a long time I’ve not blogged for a couple of weeks, I was rather hoping by the time I came back to the keyboard (after being AFK as the kids say) that we’d have a new PM and possibly (though far less likely) a general election in the offing. Still things on the political home front move forward slowly, and whilst covid has returned to the household thankfully I remain negative to covid but positive for the future.


(not sure who the beardy in the stock photo is but he looks like a positive sort of fella, even if he does need a shave).


Let’s kick off that positivity with a webcast from Appleyard Lees dealing with the benefits of mediation as opposed to litigation. Bill Lister and Chris Hoole of AL have an informative chat about the experience and advantages of the process.


Bill is a partner specialist IP litigator and mediator Chris is a trade mark litigator, and it’s a really good introduction to mediation reminding you of the control which parties maintain in mediation, particularly on the outcome, the win-win scenario (or at least the il score draw) and the cost.


Humanising parties is a strong element of mediation and I do miss the chance to see it happen when parties won’t sit in the same room but it’s not always a bar to proceeding. I like Bill’s description of crash testing (we’re supposed to call it reality checking in polite terms but actually crash testing is way more accurate as to what we do when I’m playing devil’s advocate!).


And now law students (not fully qualified to mediate but then mediators existed before mediation councils started squeezing every penny out of anyone wanting to practice) are offering to help in the form of mediation for neighbours with their disputes.


It’s in University of Akron (Ohio) School of Law so I’m not even going to complain they are doing the work pro bono, I would however let them know that neighbour (or neighbor in deference to their locale) disputes are tough, long winded and can involve lots of time energy and revisits.


For the University Professor Tracy A. Thomas, said “Akron Law is pleased to partner with the cities to assist the community in resolving disputes in a collaborative way. It provides our trained student-mediators with an opportunity to share their expertise and give back to the community”


However if you’re going to practice in this fun filled mediation world getting some early experience is well worth it, as a grizzled old campaigner I tend to think you need some years under your belt before you can really engage and assist but then back in the 90s when I was first practising I didn’t have much experience and relied on those teaching me to ensure what I did helped and did not hinder so good luck!


Keeping good news coming there’s a new mediation service available from the Infocomm Media Development Authority (IMDA) for customers unable to resolve issues direct with service providers in Singapore and the new ADR scheme will be run by the Singapore Mediation Centre.


Although claims will be capped at S$10,000 the system will be open to individuals and small businesses and will involve a two stage process.


The first will be referral to mediation where most could should or will be resolved but those that are not will then move to another form of ADR akin to arbitration for determination by an independent party and still avoiding litigation.


Costs are split 10/90 with the customer paying the smaller share (I prefer 50/50 but I can see why in these cases the provider is carrying the lions share of the cost).


Of course it will reduce claims being brought in the courts and speed up resolution for all involved.


Reduce costs, keep control of the possible solutions and get that result sooner rather than many months down the line, mediation is your only logical positive choice.


The three pillars of mediation remain it’s voluntary, it’s confidential, the mediator is independent, by using those pillars to support your work the parties keep control, save costs, save time and energy and reduce stress. Finally this one is mediation, mediator jointly appointed, areas of discussion agreed and intention to be bound by the outcome.


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 Northwest Mediation on 07931318347 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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