Employment Disputes – Mediation for Wrongful Dismissal

Hasan SadikUncategorized

wrongful dismissal

A key area of employment dispute that can be solved through mediation is wrongful dismissal. In legal terms, this is a claim for a breach of the employment contract entered into by both the employee and the employer. It differs from the term ‘unfair dismissal’ which is recognised as a statutory right and is ordinarily relevant for employees that have … Read More

Mediation can help in construction disputes of all shapes and sizes

Hasan SadikMediation

According to a 2013 study by the National Building Specification, 30% of construction companies are involved in one of more disputes every single year. 7% of firms stated that they had been involved in 3 or more disputes during this time period. It seems that the construction industry has been directly affected by the economic climate and have now become … Read More

What is a Civil Dispute?

Hasan SadikAlternative Dispute Resolution (ADR), Civil Disputes, Landlord Disputes, Mediation, Neighbourhood Disputes, Noise disputes, Nuisance disputes, Tenant Disputes

Civil disputes

Civil disputes are private cases in which a party is seeking recompense or remedy for scenarios outside of criminal law. Civil disputes are governed by The Civil Procedure Rules (CPR). They are the framework for all civil claims and provide the rules that are used to pass judgement in these types of cases. They were specifically designed to simplify civil … Read More

The Use of ADR in Tenancy Deposit Disputes

Hasan SadikAlternative Dispute Resolution (ADR), Mediation, Tenant Disputes

Tenancy Deposit Disputes

Since the introduction of tenancy deposit protection legislation in 2007, millions of deposits totalling billions of pounds have been protected. At its core are three government approved tenancy deposit protection (TDP) schemes. Deposit Protection Service MyDeposits Tenancy Deposit Scheme Underpinning them is a robust method of Alternative Dispute Resolution (ADR) used to resolve any disputes about the amount of deposit … Read More

Five Facts about Mediation

Hasan SadikAlternative Dispute Resolution (ADR), Mediation

Five facts about mediation

Applicable to businesses, consumers, communities, contracts, human resources, families, personal injuries, public policies and property, mediation is a heavyweight method of alternative dispute resolution. Here are five facts about mediation, the process and the outcomes. 1. It’s accessible There are many misconceptions about mediation. One of which is that it’s not commonly accessible. Even the stringent and archaic UK court … Read More

Family mediation can resolve and heal family disputes

Hasan SadikAlternative Dispute Resolution (ADR), Mediation

Family mediation

When a marriage or relationship ends it can be challenging to amicably agree the logistics, particularly when negotiating the care of children and the split of money. Where the individuals are unable to agree a way forward, family mediation is a method of alternative dispute resolution that offers an alternative to legal proceedings. Importantly, mediation is voluntary so all parties … Read More

Mediation in cases of contested adverse possession

Hasan SadikUncategorized9184 Comments

contested adverse possession

Adverse possession is a law that allows someone to apply to become the registered owner of a piece of land or a property because they have occupied it for a sustained period of time, despite not having the owner’s permission. To many, it is surprising that a law allowing people to obtain title to land or property based solely on … Read More

Will the abolition of employment tribunal fees increase the use of mediation for employment dispute resolution?

Hasan SadikMediation

legal hammer

Last year UNISON won the most significant judicial intervention in the history of British employment law, after a four-year legal battle. On 26 July 2017, The Supreme Court declared employment tribunal and employment appeal tribunal fees were unlawful, and abolished them with immediate effect. Unison general secretary, Dave Prentis, said the ruling was “a major victory for employees everywhere”. But the outcome … Read More

Could mediation have benefitted a boundary dispute with an extreme outcome?

Hasan SadikAlternative Dispute Resolution (ADR), Boundary Disputes, Mediation, Planning Disputes

boundary

The extremities of boundary disputes were highlighted in the national press recently, when a family were forced to sell their house after losing a legal battle which was instigated over a 3 inch piece of land.  Legal outcomes The family, who represented themselves, lost a long standing legal battle over claims their neighbours trespassed onto their property to build an … Read More

ADR and mediation in 2018

Hasan SadikAlternative Dispute Resolution (ADR), Mediation

mediation in 2018

The Resolution People are committed to raising the profile and sharing the benefits of Alternative Dispute Resolution (ADR), and more specifically mediation. Mediation brings parties together and through a process of mediated meetings and constructive dialogue, seeks to find a solution to appease all parties. That is something that cannot be achieved in a court of law. The fact that … Read More

External mediator bought in to resolve pensions row at Royal Mail

Hasan SadikAlternative Dispute Resolution (ADR), Mediation5679 Comments

Royal Mail

The most recent high profile case of mediation being used to resolve a dispute, is that of Royal Mail and the Communications Workers Union (CWU). The row over Royal Mail’s plans to replace the company’s defined benefit pension scheme started back in April. Royal Mail was privatised in 2013 and have been trying to modernise by reducing layers of management, … Read More

The Civil Justice Council fly the flag for mediation in their latest report

Hasan SadikAlternative Dispute Resolution (ADR), Mediation

An interim report about the use of ADR – and specifically mediation – has recently been published by the Civil Justice Council (CJC). The Council are looking to review the current use, and make recommendations for the future role of ADR in civil justice. In doing so they are further strengthening the case for mediation being the front runner of … Read More

Online mediation is on the rise but what is making it so popular?

Hasan SadikAlternative Dispute Resolution (ADR), Mediation

online mediation

Online mediation is becoming a real powerhouse for ADR in low cost cases. But why? In this digital age, it’s no surprise that more traditional processes – like those relating to court proceedings – are moving into a digital format. For some that may feel uncomfortable. But no matter how uncomfortable, it is inevitable. Mediation is moving with the times … Read More

Have you considered using mediation to resolve an inheritance dispute?

Hasan SadikAlternative Dispute Resolution (ADR), Mediation

inheritance disputes

Bereavement is emotionally and physically draining for all those affected. Everyone knows it can be a tough time for family and loved ones. Many people find solace in pulling together and supporting each other through a difficult period. However, what many mourners are not prepared for is the potential acrimony resulting from disputes over the estate left by someone one … Read More

The Benefits of Mediation

Hasan SadikAlternative Dispute Resolution (ADR), Mediation

Benefits of Mediation

Mediation is a powerful method of dispute resolution and the benefits are plentiful. It offers both practical and interpersonal advantages that are often overlooked or ignored in legal proceedings. The benefits of mediation are often greater, even in comparison to other forms of dispute resolution. While mediation cannot guarantee specific results, evidence and trends in Alternative Dispute Resolution (ADR) suggest … Read More

What is ADR (Alternative Dispute Resolution)?

Hasan SadikAlternative Dispute Resolution (ADR), Mediation

alternative dispute resolution

With rising legal costs many people are looking to resolve their disputes outside of court. This is often achieved using Alternative Dispute Resolution (ADR) methods. But what are the options available for Alternative Dispute Resolution and what does each entail? Here’s our guide to the different types and requirements of each method. Mediation One of the most common methods of … Read More

What to expect in each type of mediation

Hasan SadikAlternative Dispute Resolution (ADR), Mediation

7.Type of mediation

If you’ve been reading our blog or researching mediation, it is likely you know will know why it is an effective method of alternative dispute resolution. You may even know about the different styles of mediation. But what can you expect during mediation and what type of mediation is right for your dispute? It is highly likely that mediation in … Read More

Styles of Mediation

Hasan SadikAlternative Dispute Resolution (ADR), Mediation

Styles of mediation

Mediation has an important role to play in the UK legal framework. Increased court fees and a reduction in legal aid means alternative dispute resolution (ADR) and mediation in particular, are in the spotlight as a method of realistically resolving a dispute. Perhaps currently underused and undervalued as a way of resolving conflict, mediation has many benefits; not least the … Read More

Environmental Issues

Hasan SadikAlternative Dispute Resolution (ADR), Environmental Issues

Property Resolution People - Environmental Issues

As property owners, it would be ill-advised to underestimate environmental issues that can impact the structure, infrastructure or surrounding areas of our properties. Particularly when they are through no fault of our own. Even the most simplistic issues, left unresolved and given time and credence, can quickly escalate into disputes. A calm, sensible approach to dealing with these issues, may … Read More

Boundary Disputes

Hasan SadikAlternative Dispute Resolution (ADR), Boundary Disputes

Property Resolution People - Boundary disputes

When property lines are drawn but someone crosses them, what do you do? Encroaching on someone else’s property – even by a centimetre or two – can cause (and often does) some of the biggest property disputes. Even in the most simplistic scenario where the boundary is established, inconsiderate actions can still incite acrimony. And where the boundary itself is … Read More

Right of Way Disputes

Hasan SadikAlternative Dispute Resolution (ADR), Rights of way

Right of Way

Habitual life in the suburbs can often form a set of relationship standards with those living around you. Formed as you go about your daily business, you probably don’t even notice the perfunctory smile as you pass on the footpath, or the cursory nod as you pass taking out the bins. All very pleasant. But what happens if those relationships … Read More