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  • Writer's pictureEd Johnson

Surprising results in 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.

Surprise, surprise, the unexpected hits you between the eyes, I think was what Cilla Black used to sing and when you work from home sometimes you get all sorts of surprises, some pleasant like the odd unexpected delivery and some not so much, like the 9 am knock on the door from BT Openreach to tell you the internet and phone line will be down for the day (which is full of zoom meetings).


Mediation can be full of surprises too, for most people they express a certain level of surprise that mediation manages to resolve their long standing dispute, for me it’s how few people still engage in the process and would rather wind themselves into balls of stress-knots fighting it out either direct or via the court.


In India Mediation Mantras have teamed up with the Public Relations Consultants Association of India to help the PR industry deal with disputes (both professional and commercial) through mediation. The initiative called Mediation First is intended to promote awareness of the mediation process and the “art and science” of the subject. I’m surprised I thought both my art days and aspirations to be a scientist were behind me seems not.


All members of PRCAI get access to mediation professionals to assist them with any of their disputes, the CEO of PRCAI Deeptie Sethi said “Mediation is a world-class global skill and with growing complexities and growth of the PR industry in India, we are excited to explore innovative solutions that will strengthen PR industry-practices to foster ethical and professional behaviours."


Mediation Mantras’ CEO Radhika Shapoorjee echoed those comments adding “We would like to institutionalise mediation as the first port of call to resolve disputes in the PR industry in an amicable and peaceful manner."

In another surprise our government is actually going to do something I approve of, I know I nearly fell off my chair.


We are to become signatories to the Singapore convention on mediation, now as with all things this government does it’s late but at least it moves cross border mediation settlements away from simple contracts to agreements enforceable in either of the states in which the parties are based.


Parties will no longer have to commence separate contract claims and can apply direct to the courts for the enforcement of the agreements, those countries include USA, Canada and 18 of the commonwealth countries so it’s not like we’re first to sign up but we are now on board. Of course we did previously have access to the European Convention on Mediation but those halcyon days were lost thanks to the not surprising lies which led to 2016’s referendum.


Over in the art world (two art stories in one blog is indeed surprising) and Sotheby’s in New York are entering mediation with Russian billionaire Dmitry Rybolovlev who alleges he was tricked into overpaying millions of dollars to art dealer Yves Bouvier when he bought 15 pieces for in excess of £1 billion dollars. It’s outside the scope of 99% of people but the important point is that even billionaires know that mediation is the way to resolve matters rather than spend even more vast sums fighting it out at court.


The agreement to head to mediation came after Judge Jesse Furman said that in relation to four pieces Dmitry could pursue fraud claims (11 separate claims have also been dismissed).


The judge (echoing my weekly comments) urged the parties into mediation to avoid a potentially "expensive, risky, and potentially embarrassing" court case.


The three pillars of mediation remain it’s voluntary (except apparently when it won’t be anymore), 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 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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