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Abberley v Abberley – how binding are mediation heads of terms?

In our latest guest article Jeremy Glover, of Fenwick Elliott Solicitors, reviews the 2019 case of Abberley v Abberley [2019]. Abberley v Abberley [2019] EWHC 1564 (Ch) A mediation took place where the parties, in dispute over a farm partnership, agreed heads of terms which were written out by the ...

Housing Disrepair claims – ADR and letters of claim

Housing Disrepair claims mediation scheme, by Mediatelegal, can be downloaded here. In our latest guest article Elizabeth England examines issues around ADR, the failure to respond to a Letter of Claim and the Pre-Action Protocol for Housing Disrepair claims. The growth of firms who specialise in assisting tenants with claims ...

87% of SEND complaints are being upheld by the Local Government & Social Care Ombudsman – 2019 report confirms

In its new report 'Not going to plan? - Education, Health and Care plans two years on the Local Government and Social Care Ombudsman confirms that it is upholding 87% of complaints relating to SEND disputes. The report confirms that delays of over 1 year when issuing an EHCP are ...

Knowsley Council awards SEND Mediation contract to Mediatelegal

Knowsley Council SEND Mediation Contract Award Following a detailed tender process, we are delighted to be awarded the contract to provide mediation and disagreement resolution services for Special Educational Needs & Disabilities disputes in Knowsley. You can find details of our SEND mediation & DRS services here, and details of ...

What does the SEND Code of Practice say about Disagreement Resolution Services?

When dealing with Disagreement Resolution Services the SEND Code of Practice contains the following guidance at sections 11.6 - 11.10: - 11.6 Local authorities must make disagreement resolution services available to parents and young people. Use of the disagreement resolution services is voluntary and has to be with the agreement ...

When and how do you appeal a decision by the Local Authority in a SEND dispute?

When can you Appeal a decision by the local authority in a SEND dispute? You can appeal a decision your LA makes if:- Your EHC Needs Assessment request has been rejected After an EHC Needs Assessment the LA doesn’t offer an EHCP You disagree with the description of the young ...

What is an EHCP and when does an EHCP become final?

A basic overview of an EHCP reveals that it sets out: What the Needs of the student are; What the Outcomes should be; & What Provision must be provided in order to support the identified Needs and Outcomes The EHCP is initially written as a draft document, which is then ...

How do you request an EHC Needs Assessment or Plan – SEND

If it is believed that a student with SEND might need additional provision which will need an Education Health & Care Plan (EHCP), an assessment can be requested by the parent(s), young person, carers, or school/college. Basically, a Local Authority (LA) must carry out an EHC Needs Assessment if it ...

SEN GLOSSARY OF KEY TERMS

Annual Review– the local authority is required to perform a review of every EHC plan at least once every 12 months. This is set out in law in the Children & Families Act 2014 Children & Families Act 2014– becoming law on 01 September 2014, this Act establishes the current ...

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

A 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.

“A very smooth process where we felt completely supported. . I just wanted to say thank you for the process yesterday. I have done mediation once before (through a different company) and it was not a pleasant process. We felt completely supported yesterday and it was very smoothly run.”

““By far the best SEND mediation service, professional & conducted to a very high standard. In my role I support many families & deal with different mediation companies & Mediatelegal is by far superior to all the others.”

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

“At every process communication was clear and timely. All staff were very helpful throughout the whole process.”

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

“The mediator was very good in directing the process to ensure everyone was able to state their position and ask questions within a safe environment. I thought the Teams format worked well allowing for the breakout rooms/conversations, and ensured we were all actually in a familiar place which I think helped reduce the anxiety going into the process a little. Our mediator was Joseph Mulrooney and I would definitely recommend him as a very good mediator.”

“Both Joseph and Kelley were extremely helpful. Professional yet friendly, informative and reassuring. I’m please I went through with the mediation and resulted in a favourable outcome.”

“Clear mediation process with each party given the opportunity to speak. We are pleased that the final result was one which opened a further pathway for discussion after fairly hearing both parties. Thank you.”