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Blog Archives

Refusal to mediate – are you at risk?

mediation fee

A refusal to mediate – risks, rules, and cases. The recent Thakkar v Patel case once again highlighted the courts’ intention to find that a refusal to mediate, or being silent in the face of an invitation to mediate, will generally

Posted in case studies, Commercial Mediation

Costain v Tarmac – dispute resolution procedures in multiple NEC3 contracts

construction

Costain v Tarmac – the issue of different dispute resolution procedures in two contracts was the focus of a recent TCC case. The problem of defective concrete in newly-installed central reservation barriers on the M1 in Nottinghamshire was well-documented at

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Posted in case studies, Construction

Tenancy Deposit Dispute

This mediation took place via telephone as the parties lived in different cities in the UK. Each party had a different view regarding the condition of the property both at the beginning of the tenancy and the end of it.

Posted in case studies

Commercial intellectual property dispute

This mediation saw two companies engage in mediation after 12 difficult months of correspondence between solicitors. They had each incurred legal fees of approximately £18,000.00 and the dispute had reached a point where court proceedings were about to begin. This

Posted in case studies

Did you know?

Workplace disputes will affect profitability and performance. Use mediation to resolve disputes swiftly.

The longer a dispute continues in the workplace, the more dramatic the effect on those working in or around it.

Conflict between employees can spread throughout the workforce, affecting morale and performance, if untreated.

A 2008 CIPD survey found that 51% of respondents use an external mediator to resolve people problems and conflict.

A 2008 CIPD survey found that 75% of mediations were initiated by HR departments.

If you express your anger you will start an argument; if you explain your anger you will start a discussion.

In 2016 mediation will have saved UK businesses £3 billion in wasted management time & productivity, damaged relationships, & legal fees.

Ignoring ‘mega-cases’ the total value of mediated disputes in the UK each year is £11.5 billion.

Since 1990, the total value of mediated cases in England & Wales is £110 billion.

CEO of regional Charity – “We have had cause to use Mediatelegal recently and I was delighted with their service. the mediator was patient during a very emotional and somewhat difficult situation but handled it beautifully. We saved a significant amount of money and would highly recommend this organisation to anyone wishing to avoid costly legal bills.”

Linda Lavery, The HR Dept: “I cannot recommend them highly enough. They were brought in to resolve a complex dispute which had continued for months with no resolution. The process was managed from start to finish by Mediatelegal and with their expertise and impartiality, the conflict was resolved amicably for all parties in just 1 day. The management time and money that has been saved is incalculable.”

According to the CEDR 2018 audit, 89% of mediations settle successfully on the day or shortly afterwards.

You are entitled to recover certain expenses incurred when attending a SEND mediation session.

An individual might potentially require an Education, Health and Care Plan (EHCP until they reach the age of 25.

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