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Blog Archives

KERRY UNDERWOOD – FAILURE TO MEDIATE AND COSTS

Advantages of mediation

Kerry Underwood provides our latest guest article. Here he considers the recent case of Gore v Naheed & Anor [2017] where the court veers away from the trend of imposing penalties where a party refuses to mediate. If you find

Posted in Articles, Commercial Mediation, General mediation, Guest Articles, Uncategorised

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

THAKKAR v PATEL: ANOTHER EXAMPLE OF THE DANGERS OF IGNORING OFFERS TO MEDIATE

Advantages of mediation

Offers to mediate, and how they are reacted to, feature in this month’s guest article. It reviews the recent Thakkar v Patel case, and is submitted by a barrister & prolific legal blogger, Gordon Exall. We hope you enjoy it. If

Tagged with: , , , ,
Posted in Civil Mediation, Commercial Mediation, General mediation, Guest Articles

“Taking Back Control” – why should you use Mediation?

Costain

There’s been a lot of talk about “taking back control” recently. I won’t go anywhere near that particular debate! Instead I’d just like to discuss an area where every business can “take back control” and that is in how they

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Posted in Civil Mediation, Commercial Mediation, General mediation, Workplace Mediation

How Can Businesses Best Deal With Customer Disputes?

commercial dispute mediation

In this article we consider the question: How can businesses best deal with customer disputes? The Federation of Small Businesses published a report (Tied Up 2016) recently exploring the cost of disputes to UK small businesses. In the report the

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Posted in Articles, Commercial Mediation

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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