NEWS & VIEWS ARCHIVE

Bullying complaints: one reason to welcome them.

In the news Bullying complaints cause many conflicts in the workplace. The Home Secretary is currently being sued by her former permanent secretary for constructive dismissal. According to the press reports Sir Philip Rutnam claims he was forced out of his job after intervening in allegations of bullying his staff made against the Home Secretary. […]
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Mediation: why saying yes is insurance

Everyone knows mediation is less expensive than litigation.  What is less discussed are the reasons why one should offer to mediate even if your opponent resolutely refuses to agree and that it is a good idea to repeat the offer. The principal reason is that an unreasonable refusal to mediate is highly likely to affect […]
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Discover why business must embrace mediation now

Lockdown is teaching us many new ways of working. When resolving disputes mediation is both extraordinarily successful and considerably underused. Different analyses have shown that rates of resolution are eighty per cent or over yet usage in litigated disputes is under twenty per cent and many still need to be persuaded to adopt mediation. This […]
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Is a fractured EU in need of mediation?

Brexit issues are notoriously divisive, and this is not intended as an attempt to fan flames: the debate has been resolved in the UK. What is under examination is the extent to which Covid 19 and other legal and financial events are highlighting some serious divisions in Europe that require resolution, even perhaps mediation. Also […]
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Law Commission’s Report on Employment Law Hearing Structures


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Empty Shelves and Mediation

What makes toilet rolls so desirable? It’s a world-wide obsession. According to the Daily Telegraph knife fights broke out in Australia between anxious purchasers. The BBC reported that armed robbers stole pallets of the stuff in Hong Kong. On the internet the jokes abound, showing single leaves being used as currency and car thieves giving […]
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Thoughts on Time for a Mediator

Mediators seek inspiration from a variety of sources. With sincere apologies to more profound readers I suggest some from the opening ten lines of T S Eliot’s Burnt Norton.
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Let’s slaughter the sacred cow

Mediation may not solve every dispute but there are circumstances where arbitration should be imposed. The Conservative manifesto promises that the government will require that a minimum service operates during transport strikes. It observed that whilst rail workers deserve a fair deal, it was not fair to let trade unions undermine the livelihoods of others.
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Labour’s plans for employers

A fantasy world? Phillip K Dick wrote a compelling novel, now serialized for TV, called ‘The Man in The High Castle’.  It dealt with a parallel universe where the Allies lost World War II leaving the world under Nazi control. Reading the Labour Party manifesto is rather like reading the book, not because it necessarily […]
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Saving Money

It is frequently said that early intervention and using mediation saves both costs and stress. I will attempt to illustrate exactly why this is nearly always the case. This exercise assumes the reduction of stress by avoiding cross-examination, publicity and a court hearing is self-evident.  What about costs?
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What Ben Stokes innings in the third Ashes Test Match can teach a mediator

As the justifiable superlatives are scattered in the headlines and unnecessary comparisons are made with former heroes there is also much a mediator can learn from re-watching that magnificent innings. Not that an excuse is needed, but why not add some training points to your leisure activity?
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Why Mediation is a Must

Resolving disputes, either in public courts or privately within organisations occupies a great deal of management time. The classic processes using litigation externally or grievance procedures internally are increasingly seen as far too expensive, as taking too long and to be productive of excessive stress. Mediation is a better route.
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