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 that a scheme is put into place to cover, protect appropriate transactions.
The proposal of implementing a helpdesk for consumers has also been given support, which would assist consumers to address their complaints effectively and act as an initial point of contact. The department commented that businesses will need to engage with the scheme if mediation services are going to take off.
The Family Dispute Resolution Service uses mediators to assist those in dispute, without having to use a solicitor or the court process.
The mediation tender allows for the mediation services to be expanded, offered by a larger number of mediators on behalf of the Ministry of Justice, as well as those who do not qualify for government aid to access these mediation services at $897 per dispute, where the price has been fixed.
The Justice Minister commented that although its early days they have seen a positive start, the onus being on discouraging people to go through court and to aim to resolve their disputes by themselves where possible so that the courts can focus on matters of a more serious nature.
New York is now offering a consensual accelerated commercial dispute docket for the Commercial Division of its State courts, which includes the use of mandatory mediation, there are a number of stipulations and trade offs however such as discovery limitations and waivers of certain procedural rights and objections.