July 16, 2017
Decision trees can be used in mediations as a method of analysing the risks and quantum of a case.
For instance, in a tripping personal injury case, where the Claimant is suing for £100,000, a simple version of a decision tree may consider:
1. How likely is it that the Judge will find that the Claimant tripped over a dangerous defect in the highway? Perhaps 90%
2. Did the Defendant do what it reasonably could to prevent the danger, particularly having regard to Section 58 Highways Act 1980? Perhaps the Claimant's solicitor/barrister may feel that the Claimant has a 65% chance on this part.
3. Is there likely to be contributory negligence? Perhaps 25% (so 75% in favour of the Claimant).
Using a simple decision tree, this would suggest a present value of £43,875. (£100,000 x 90% at stage 1 = £90,000. £90,000 x 65% at stage 2 = £58,500. £58,500 x 75% at stage 3 = £43,875).
Posted by Stephen Wood. Posted In : Decision Trees
June 30, 2017
Workplace disputes can frequently be extremely damaging to an employer, with disputes often escalating quickly, and typically leading to lower morale, lower productivity, higher staff turnover and employment tribunal claims.
Workplace mediation is a voluntary process, usually arranged by the employer, where two or more employees agree to attend a meeting with an impartial mediator. The mediator works with the employees in helping them to negotiate their own resolution and create and agreed wa...
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Posted by Stephen Wood. Posted In : Workplace mediation in Mansfield
June 30, 2017
A significant reason to settle a case is to avoid the future legal costs. In practice, a successful party is unlikely to recover 100% of their actual legal costs from the unsuccessful party. Accordingly, if a party were to spend a further £10,000.00 to reach a trial, and even if they were to win, they would only recover back £7,500.00 of this, doesn't it make sense to consider putting this £2,500.00 into a settlement?
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Posted by Stephen Wood. Posted In : Costs and mediation
June 29, 2017
These are hybrid variations of two traditional ADR approaches, incorporating both arbitration and mediation, with the same person acting as arbitrator and mediator.
In Arb-Med an arbitration will be held but the arbitrator's award is placed in a sealed envelope, kept by the arbitrator. He will then act as a mediator. If the mediation does not result in a settlement, the arbitration award will be published.
In contrast, in Med-Arb, the mediation occurs first. If it doesn't result in a settleme...
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Posted by Stephen Wood. Posted In : Arb-Med and Med-Arb
June 25, 2017
Workplace disputes can frequently be extremely damaging to an employer, with disputes often escalating quickly, and typically leading to lower morale, lower productivity, higher staff turnover and employment tribunal claims.
Workplace mediation is a voluntary process, usually arranged by the employer, where two or more employees agree to attend a meeting with an impartial mediator. The mediator works with the employees in helping them to negotiate their own resolution and create an agreed way...
Continue reading...
Posted by Stephen Wood. Posted In : Workplace mediation Nottingham
June 25, 2017
Workplace disputes can frequently be extremely damaging to an employer, with disputes often escalating quickly, and typically leading to lower morale, lower productivity, higher staff turnover and employment tribunal claims.
Workplace mediation is a voluntary process, usually arranged by the employer, where two or more employees agree to attend a meeting with an impartial mediator. The mediator works with the employees in helping them to negotiate their own resolution and create an agreed way...
Continue reading...
Posted by Stephen Wood. Posted In : Workplace Mediation Milton Keynes
June 25, 2017
Workplace disputes can frequently be extremely damaging to an employer, with disputes often escalating quickly, and typically leading to lower morale, lower productivity, higher staff turnover and employment tribunal claims.
Workplace mediation is a voluntary process, usually arranged by the employer, where two or more employees agree to attend a meeting with an impartial mediator. The mediator works with the employees in helping them to negotiate their own resolution and create an agreed way...
Continue reading...
Posted by Stephen Wood. Posted In : Workplace mediation in Wellingborough
June 25, 2017
MLATNA (Most Likely Alternative to a Negotiated Agreement) tends to be the alternative which is concentrated upon most at mediation, as the parties often consider that the BATNA and WATNA are unlikely to happen. However, the term itself is rarely used.
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Posted by Stephen Wood. Posted In : MLATNA
June 25, 2017
Workplace disputes can frequently be extremely damaging to an employer, with disputes often escalating quickly, and typically leading to lower morale, lower productivity, higher staff turnover and employment tribunal claims.
Workplace mediation is a voluntary process, usually arranged by the employer, where two or more employees agree to attend a meeting with an impartial mediator. The mediator works with the employees in helping them to negotiate their own resolution and create an agreed way...
Continue reading...
Posted by Stephen Wood. Posted In : Workplace mediation Northampton
June 22, 2017
I was pleased to receive my appointment letter from Her Majesty's Courts and Tribunal Service, appointing me to the Panel of Chairs for the Valuation Tribunal for England. The Valuation Tribunal deals with appeals about council tax and business rates.
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Posted by Stephen Wood. Posted In : Valuation Tribunal
