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

Is mediation the way forward for intellectual property disputes?

Hasan SadikMediation

When it comes to protecting your creative property, mediation continues to be an attractive option for all parties involved. Intellectual Property disputes occur on a regular basis and vary in their extremity dependant on the benefit each side gains from the properties in question. Mediation can be used when an initial agreement cannot be made between both sides and aims … Read More

Mediation – access to justice for all

Hasan SadikEnvironmental Issues, Mediation, Neighbourhood Disputes

Mediation accessibility

There are many reasons why mediation is believed to be preferable to litigation; less costly, and less lengthy than extensive court battles being recited most often. But actually there is something more; its accessibility, the level of which litigation rarely achieves.   The range of people and circumstances that can be assisted through mediation has seen exponential growth over recent … Read More

Do mediation and meditation have more in common than you might think?

Hasan SadikMediation

meditation

Any writer who regularly produces pieces on mediation will no doubt recount the frustration of a random “T” causing mediation to be confused with meditation, and vice versa. Many have been caught out by the errant “T” that can change the whole meaning of an article. Or does it? Of course they are entirely different disciplines but could a link … Read More

Diversity in Mediation

Hasan SadikMediation

Diversity in mediation is an interesting topic that was brought to the fore in the latest CEDR Mediation Audit. Women’s rights have had prominent positioning in the media in recent times and mediation as a profession is not immune to questions about equality and diversity in the workplace. Often considered a male oriented profession due to its close association with … Read More

What Makes a Good Mediator?

Hasan SadikMediation

At the end of August, the CEDR (the Centre for Effective Dispute Resolution) formally announced the appointment of six new mediators to its panel. Widely acknowledged and respected for their experience and knowledge, the Mediator Panel now consists of 142 mediators across 22 countries. But what is it that makes a good mediator? Mediator Characteristics In reality, no single type … Read More

Restorative Justice Mediation

Hasan SadikMediation

Restorative Justice Mediation

Lesser known forms of mediation are proving to be increasingly successful in all manner of civil and criminal arenas; restorative justice mediation being one of those. Restorative justice mediation – much like all forms of mediation – is based on the belief that the people directly involved in a conflict or a problem are best placed to resolve it. This … Read More

Positive Results for Mediation including Commercial Market Growth

Hasan SadikMediation

CEDR mediation report 2018

Over 12,000 commercial mediations (excluding small claims mediations) were performed in the last 12 months; this was one of the highlights of the 2018 CEDR (Centre for Effective Dispute Resolution) Mediation Audit which was published this month. Completed biennially, this focussed audit assesses how the market and attitudes toward mediation have changed in the period since the last report. Produced … 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

Proprietary Estoppel explained

Hasan SadikAlternative Dispute Resolution (ADR), Mediation, Proprietary estoppel

Farm land

Proprietary estoppel is a complicated legal term that can be stripped back and explained fairly simply. The verbal promise of a property is commonly superseded by a legal document. However, if that promise can be established and proven, then a claim for proprietary interest may be established. A common example of this is an owner bequeathing property or land to … Read More

Veterinary Mediation

Hasan SadikMediation

veterinary mediation

An unanticipated use of mediation hit the news this month; a Veterinary Mediation service has proven to be “surprisingly successful“ in resolving disputes between vets and clients. Set up to adjudicate disputes raised by both clients whose animals have received veterinary care and for the veterinary professionals providing that care, the service began in 2016. Since then it has received … 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

Conflict Resolution – How to manage difficult situations in the workplace

Hasan SadikMediation

conflict resolution

It is somewhat inevitable that conflict at some level will be part of your work life. Different goals, a clash of needs, differing points of view and a variety of personalities will occur and will lead to conflict, which can be seriously damaging if not handled effectively. There are any number of scenarios and reasons why conflict may occur. This … 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

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), Mediation4506 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