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Mediation News

Mediation News

04-10-2016

ADR Mediation

ADR Mediation, Lord Justice Briggs who has an impressive legal career, was appointed Deputy Head of Civil Justice on the 1st January 2016. Briggs predicts that mediation will become the norm if plans for a new online court comes into existence, the online court would deal with monetary claims up to twenty-five thousand pounds. On…

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20-07-2016

Telephone Mediation

Telephone mediation, self-explanatory, presumably? Well what is it? It is conducting a mediation over the telephone surely I hear you say, although that is what it is, it is not as simplistic as that. Telephone Mediation – The Rules A telephone mediation works exactly like a face to face mediation, as in the rules of…

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01-06-2016

Neighbour Dispute Costs £309K

Neighbour dispute which spiralled out of control and racked up legal costs of over £309,000!!! Several times I have commented on how legal fees can mount up in litigation and why at any cost litigation should be avoided sooner rather than later with the use of mediation and or any other alternative to the courts….

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02-05-2016

Mediators UK Settles In Less Than 3 Hours

Mediators UK, we are being used more and more, as the clear demand for our mediation services and capabilities are being recognised much more than ever before. One of our mediators helped the parties in a property dispute resolve their six year dispute within two and a half hours! Saving both parties at least another…

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04-04-2016

Can A Mediator Be Called As A Witness?

Can a mediator be called as a witness? One of the beauties of mediation is its confidential process and without prejudice nature which simply means; whatever is said or done at a mediation, it cannot be used or referred to in any future court proceedings. Which would be the case if the parties do not…

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23-03-2016

Are Mediators Lawyers?

Are mediators lawyers? We get asked this question often when we receive an enquiry, yes and no is this answer, which is also the answer to, does my mediator need to be a lawyer. Several of our mediators are lawyers and barristers, or in some way employed within the legal sector, whereas a number are…

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07-03-2016

Real Benefits Of Mediation

Real benefits of mediation, the benefits are immense, a mediation will change your life compared to litigation, arguably so will litigation, especially if you lose! As mediators we scream and shout and proclaim how mediation is fantastic, how it can save you money, time, stress, blah blah blah. It is confidential, voluntary without prejudice, but…

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25-02-2016

Why Do Mediations Fail?

Why do mediations fail? Well generally speaking mediations do not fail, as around 90% of them do lead to a settlement on the actual day, granted a small proportion do settle shortly after the actual day, with the remaining small proportion not settling and failing all together. In my mediation experience there are a few…

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15-02-2016

Mediation Do I Need A Lawyer?

Mediation do I need a lawyer, and do lawyers attend mediation? Yes and no, firstly to deal with do you need a lawyer for a mediation, I always tell parties to get legal advice, if they haven’t already done so, being independent as mediators we cannot give legal advice, which can be difficult when a…

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08-02-2016

Where Mediations Take Place?

Where do mediations take place, The answer to that is where do you want them to, and with increasing technological advances how? The short answer is a mediation can take place wherever and however you like, within reason of course, that is one of the beauties of mediation, because it is such a flexible process…

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27-01-2016

How Mediation Works?

How mediation works will depend upon the type of mediation you enter into, your mediator and how the parties in dispute approach the mediation process and how they act once in the mediation. If we use as an example, a commercial mediation that is conducted face to face over a commercial dispute, so Mr X…

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21-01-2016

What Does Mediation Mean?

What does mediation mean? This is such an expansive question it depends entirely upon who you ask I would have thought. A legal definition of mediation is, ‘Mediation is the process in which an impartial, neutral, third party (the Mediator) seeks to assist the parties to a dispute to reach an agreement on a mutually…

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25-11-2016

Are Mediations Confidential?

Are mediations confidential, the absolute answer to this is yes! Confidentiality is one of the cornerstone principles of mediation, and arguably one of the most important, that is why the mediation process is so attractive to parties, as they know that the process is confidential and safeguards them, compared to litigation which is not confidential….

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08-09-2015

Workplace Bullying

Workplace bullying can take many forms, whatever it consists of it can be draining, scary, emotionally unbalancing and just unpleasant for the employee being bullied, the manager / employer tasked to deal with it as well as those who are on the sidelines, (work colleagues) who get embroiled / sucked into the workplace / employment…

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03-09-2015

Divorce Mediation

Divorce mediation as a phrase is slightly incorrect; therefore we thought we would provide some clarity around the issue and where mediation actually sits between those who are divorcing. Nearly four and half years ago new legislation came into effect, (Family Court Procedures) which stated that all those who were going through a divorce and…

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26-08-2015

Is Mediation Legally Binding?

Is mediation legally binding, is a question we get asked here at Effective Dispute Solutions from several of our enquirers. The short answer is yes and no, however this will depend upon what type of mediation services you have entered into, which will be also be dependant upon how any agreement (mediation settlement agreement) has…

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26-05-2015

Mediator Rod O’Driscoll

It is which much regret that one of our highly experienced mediators Roderick O’Driscoll (Rod) passed away on the 10th May 2015 at the age of 76. Rod was a highly respected notary, arbitrator, mediator and solicitor, with an impressive 50+ year career. Rod, was a lovely, gentle and kind man, and will be sorely…

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14-01-2015

New Mediation Website

Happy New Year from all of us here at Effective Dispute Solutions, with best wishes for a prosperous, successful and happy 2015. We are currently working on a number of new initiatives which we shall share with you as the year progresses. We are currently in the process of revamping our website, in line with…

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01-11-2014

Mediation Services November Events

November 2014 mediation events are kicked off by the Standing Conference of Mediation Advocates, who will be holding mediator training on the 3rd to the 6th and 8th of November 2014. The mediation training will be delivered by mediators Andrew Goodman and Roger Levitt, the venue the London Furnival Chambers. The Standing Conference of Mediation Advocates,…

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02-10-2014

Mediator October Events

The mediator world appears to be busier than ever, with the economy picking up day by day and the awareness of mediation becoming greater amongst the legal profession, judiciary, businesses, organisations and the public as a whole, more and more people are turning to mediation and mediators to assist in the resolution of their disputes….

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09-09-2014

Employment Tribunal Fees

Employment tribunal fees are proposed to be scrapped, said Chuka Harrison Umunna, the Labour Party politician who is also the Shadow Business Secretary, attendees at the Trade Union Congress were told fees would be scrapped should Labour be elected next year in the May 2015 elections. He described the current employment tribunal process as unfair…

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02-09-2014

Mediator Events September 14

Calling all mediators there are several events that will interest mediators in September 2014, regardless of where they are at in their mediation career, whether they be veterans, newly qualified, or considering embarking upon a mediation career. On Wednesday 10th September 2014 The Academy of Experts are hosting an evening meeting, their keynote speaker is…

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03-08-2014

Workplace Mediation Awards

The workplace mediation awards ceremony is to be held by the Professional Mediators Association in London on Thursday 25th September 2014 the venue and location is yet to be announced. The Professional Mediators Association is a non profit membership organisation for mediators who provide business, employment and workplace mediation services. The Professional Mediators Association provide…

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27-07-2014

Mediator Effectiveness

How effective is your mediator, how can you tell if they are, are going to be, what should they be doing for you at the mediation and pre mediation? These and many other questions certainly go through parties minds before they look to appoint a mediator and no doubt whilst the mediator is mediating for…

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20-07-2014

Mediator Refusal Cost Sanctions

Yet again the courts highlight the consequences of refusing mediation and the services of a mediator. Several cases over the years have highlighted this very point; however the recent decision of the High Court echoes, strengthens and reinforces the decisions of all the previous cases. The case itself, Phillip Garritt-Critchley & Others -v- Andrew Ronnan…

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10-07-2014

Mediator Legal Advice

Mediators and legal advice, at Effective Dispute Solutions we get several enquiries from clients who are confused as to what to expect at a mediation and if they require legal advice and whether the mediator can provide this legal advice. Firstly you do not need a solicitor present at a mediation, even if the other…

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03-07-2014

Mediator Selection

Who chooses, appoints and selects the mediator to resolve, mediate your dispute? At Effective Dispute Solutions we get several enquiries asking these very questions. Several enquires ask if they can simply choose the mediator and make the other side use them and vice versa. The simple answer is yes unless the other party does not…

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25-06-2014

Mediation Services Events July 14

The World Mediation Summit will be taking place from the 1st to the 4th July 2014 in Madrid, the venue shall be the Universidad Politecnica de Madrid. The ADR Group will be delivering its next networking mediation lunch event on Tuesday 8th July 2014. The venue is the prestigious restaurant the Abode of 107 Piccadilly,…

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18-06-2014

Independent Mediators

Independent mediators, are they? Well any mediator that you look to appoint should be independent, one of the key guiding principles to practicing as a mediator is the mediators undertaking to act independently, to be completely impartial and not to take sides. Independent Mediators – EU Code. This is underpinned by the European Union Model…

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11-06-2014

Mediation Services Encouraged

It is encouraging to see more and more mediation services providers taken up on their mediation services across the globe and venturing out into new markets. In the UK the Competition and Markets Authority have recently responded to the Department of Business, Innovation and Skills consultation supporting the wider use of Alternative Dispute Resolution so…

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26-05-2014

Become A Mediator

Become a mediator, in my last article I wrote about why I became a mediator, as I get several enquiries to join Effective Dispute Solutions mediation panel from newly qualified, veteran mediators and those wishing to enter the mediation profession prior to undertaking a qualification, I thought it might be useful to explain the main…

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16-05-2014

Why I Became A Mediator

I became a mediator for several reasons, the main being I saw so many people entangled in legal disputes, to which they had little recourse, or access to justice if you like, other than pursuing claims through court and the traditional civil litigation process, which in itself provides little if any justice if you are…

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07-05-2014

Midlands Mediators Training

The Association of Midlands Mediators is holding its Annual General Meeting on Monday the 19th May 2014 at the Birmingham offices of Anthony Collins Solicitors of 134 Edmund Street, Birmingham, B3 2ES. The Annual General Meeting will deal with the re election of the current committee, immediately after the members of the Association of Midlands…

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07-05-2014

Workplace Mediation London

Workplace Mediation London, the London mediation services provider TCM Group are holding a workshop to recruit trainers to join their mediation training team on Friday the 9th May 2014 from 12.30 to 14.00 at their London offices of Ground and First Floors, New House, 67 and 68 Hatton Garden, London, EC1N 8JY. The TCM Groups…

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15-04-2014

UK Mediation Events & News

UK Mediation events over the forth coming months are as follows; On Tuesday the 29th April 2014, the Standing Conference of Mediation Advocates in conjunction with the Commercial Mediation Group will be hosting a spring seminar at the offices of the international law firm of Linklaters LLP, One Silk Street, London, EC2Y 8HQ. The seminar…

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04-02-2014

Mediation Services Events

Mediation Services events by mediation providers are on the increase here in the UK and overseas. The ADR Group is running a networking lunch for its mediators on Tuesday 11th February 2014 at the Bleeding Heart, Hatton Garden, London. The  ADR Group has secured as their guest speaker a great advocate of mediation, Sir Bernard Rix…

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11-12-2013

Mediation Process Explained

At Effective Dispute Solutions we get several enquiries asking how the mediation process works and therefore we thought we would provide a quick guide to advise how the mediation process does actually work. It is important to note that each mediation services provider may well have their own approach, as will perhaps each mediator, this guide…

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29-11-2013

Uk Mediation Events & News

UK Mediation events are on the increase, with several scheduled for December 2013. This again highlights the popularity of mediation services, the need, mediations increasing presence and the fact that it is finally starting to be considered more seriously than before and favoured as an alternative dispute resolution procedure compared to traditional civil litigation. Mediation…

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20-11-2013

Mediation Refusal

Yet another high profile case PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 has been the latest casualty of being sanctioned by the Court of Appeal, for refusing mediation. In the 2004 case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002 the Court of Appeal set a…

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08-10-2013

Civil Mediation Council

Civil Mediation Council Secretary Iain Christie has today forwarded to all Civil Mediation Council members notice of the councils annual general meeting. The annual general meeting shall take place on Wednesday 11th December 2013 with a 16.30 start; the venue is to be in London at The Chartered Institute of Arbitrators, 12 Bloomsbury Square, London,…

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29-09-2013

Conciliation v Mediation Services

Conciliation like mediation and arbitration is an alternative dispute resolution process, although each process aims to assist parties to resolve a dispute without the need to go through Court it is important to note that all three processes function in different ways. Conciliation is actually governed by the Arbitration and Conciliation act of 1996 whereas…

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23-09-2013

Professional Negligence

Professional negligence is on the increase! We all rely on professionals on a daily basis regardless of our age, background, occupation and education. Professionals are sought for their expertise, knowledge, qualifications, training and experience in a particular subject as they are presumed to have more knowledge than the average individual and give us the answers…

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15-09-2013

Mediation UK

Mediation UK was a registered charity and company based in Bristol. It operated for over twenty years and was the umbrella organisation which provided support to several of the organisations who provide mediation services in the UK. The charity provided guidance, training and support to its member organisations as well as the Disability Conciliation Service…

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02-09-2013

Mediation Services November Events

Mediation services have increased after the Access to Justice Act of 1999 and the Civil Procedure Rules of 1999 which highlighted that the civil Courts were over congested with disputants who were pursuing civil and commercial disputes of all types, whereby the legal costs involved in those disputes was more than the original money being…

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29-08-2013

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) is the umbrella name given to a number of practices which are all alternatives to resolving disputes without pursuing litigation (going through Court procedures). The main types of ADR services are mediation (which sub divides into civil, commercial, workplace, family and community mediation depending upon the type of dispute that needs…

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06-08-2013

South West Mediation

South West mediation services are provided by a number of Effective Dispute Solutions mediators, a number of whom work and live in the South West, in addition to a number of our mediators who are based geographically elsewhere but mediate throughout the whole of the UK offering UK mediation services services countrywide. Mr Robin Lea is…

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13-08-2013

Mediator

Mediator, how do you choose the right one? There are several issues to consider when choosing a mediator, at Effective Dispute Solutions Limited we have devised a quick guide below with the key main issues for you to consider when choosing your mediator. Experience, accreditations, qualifications, specialist knowledge, success rate, testimonials, mediation cost, and availability….

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01-08-2013

Association Of Midlands Mediators

The Association of Midlands Mediators will be holding its next mediators feedback session on Wednesday 7th August 2013 at the Birmingham offices of Pinsent Masons. The feedback sessions allow the associations mediators to exchange tips, best practice and discuss the latest developments in the mediation world whereby through sharing we learn off one another what…

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31-07-2013

ADR Group Conference

ADR Group Conference –ADR Group’s Annual Conference will be taking place on Thursday the 5th December 2013 in Oxford. Having attended the conference for the last seven years it is a must for any mediators. Although it is attended by ADR Group mediators, members, non-members, practicing mediators, solicitors, barristers, members of the judiciary, students, academics,…

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31-07-2013

Employment Tribunal Fees Challenged

On Monday the 29th July 2013 it was announced that Unison was unsuccessful in securing a judicial review from the High Court with regards to claimants now having to pay upfront to bring an employment tribunal.With the new employment tribunal fees of twelve hundred pounds (£1200.00), introduced, being in place for only a day, Unison…

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25-07-2013

Family Mediation Services

Family mediation services were required between two brothers. Slipping into fifth gear, and hitting 70 mph, I headed up the M40 towards Royal Leamington Spa, wondering what todays mediation would bring, it played on my mind for a while, until I fell into my regular daydream of becoming a rich celebrity mediator. I arrived and…

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24-07-2013

Bullying At Work

Bullying at work causes a tremendous amount of stress, on the person who is being bullied, the person (s) who is / are being accused of the bullying, especially if formal procedures are invoked, not to mention all of the other colleagues who either are drawn into the incidents or those who are tasked with…

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22-07-2013

Commercial Mediation Competition

Commercial Mediation competition to be held by the International Chamber of Commerce (ICC) on the Friday 7th February 2014 in Paris for the ninth time. The Commercial Mediation competition is part of a Mediation Week held by the ICC. The event attracts prominent figures from the international mediation world, consisting of mediators, legal practitioners the…

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30-07-2013

Employment Tribunals Cost

Unison were aiming to secure a judicial review from the High Court whereby they were not successful, unfortunately the consequences of such now means employees have to pay on account, upfront if they want to bring an employment tribunal, opposed to previously whereby they could bring an employment tribunal free of charge. Fees will now…

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