Stephen Wood Mediation

Should experts attend a mediation?

March 5, 2016
Some cases (such as Clinical Negligence and Construction disputes) inevitably require the use of expert evidence.  It is preferable that the respective experts should have discussed prior to the mediation where they agree, where they disagree and why they disagree.  In my experience, it is unusual for an expert to alter his or her opinion at a mediation.  Indeed, frequently an expert at a mediation appears to want to take on the role of an advocate for the party instructing them, which in turn often hardens the other side's expert's resolve, and parties increasing become entrenched.

Rather than incurring the cost of having an expert attend the mediation, it may be preferable to have the expert available to take telephone calls if necessary.

Posted by Stephen Wood. Posted In : Experts 

 

When is the best time to mediate?

March 1, 2016
The best time to mediate will depend upon the dispute, the parties and their lawyers.  There is a risk that in mediating too early, not all of the issues will have been identified.  In particular, lawyers may be concerned that insufficient disclosure may have taken place for them to have been able to properly assess the strengths and weaknesses of the case.  However, mediating too late is likely to mean that the costs will have increased so much that the only way out is to take the claim too ...
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Posted by Stephen Wood. Posted In : When to use 

 

Mediation of Contentious Probate Disputes

December 31, 2015
Mediation is ideally suited to resolving contentious probate, contested Wills and inheritance disputes.  Consider my Ezinearticles.com article 'Mediation of Contentious Probate Disputes'.
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Posted by Stephen Wood. Posted In : Probate Disputes 

 

Common causes of conflict at work

October 17, 2015
Commons causes of conflict at work include:
  • Unfair treatment
  • Unclear job roles
  • Insufficient training
  • Poor management
  • Poor communications
  • Poor work environment
  • Bullying and harassment
  • Lack of equal opportunities
ACAS identified the above factors in 'Managing Conflict at Work'.  Some of these issues can be the direct cause of the conflict, for instance discrimination and bullying may be direct causes in themselves.  Sometimes however the causes of conflict may suddenly flare-up after remaining dormant f...

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Posted by Stephen Wood. Posted In : Causes of conflict at work 

 

Mediation as a first step before Arbitration or Adjudication in contractual negotiations

September 13, 2015
Commercial contracts will often provide for a dispute resolution procedure.  This will frequently include provision for arbitration or adjudication but may also include earlier steps including a period of negotiation, followed by mediation, before arbitration or adjudication.

NHS Foundation Trusts, for instance, are required to enter into contracts with their commissioners for the provision of services.  The Foundation Trusts' standard contracts contain a formal dispute resolution process, whi...
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Posted by Stephen Wood. Posted In : Assisted Negotiations 

 

Mediating Shareholder Disputes

July 20, 2015
People often set-up limited companies with other shareholders because they consider that they will be better off with a larger entity than as a sole practitioner or sole owner.  Whilst such businesses may be formed with the best of intentions and with clear objectives for success, sometimes, shareholder and director relations break down.  Such disputes can arise through differences of opinion, strategic decisions, change of circumstances or personality clashes.

Such disputes between shareholde...
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Posted by Stephen Wood. Posted In : Shareholder Disputes 

 

Mediating Probate Disputes

July 5, 2015
Many different types of contentious probate disputes can arise.  These can include disputes concerning:
  • A failure to make adequate financial provision (pursued under the Inheritance (Provision for Family and Dependants) Act 1975);
  • Lack of testamentary capacity;
  • Lack of knowledge and approval;
  • Lack of due execution;
  • Undue influence;
  • Fraud and forgery;
  • Revocation;
  • Construction or interpretation of a Will; and
  • Disputes during the administration of estates.
Mediation is ideally suited to resolving contenti...

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Posted by Stephen Wood. Posted In : Probate Disputes 

 

What can a Court do to make a reluctant party consider mediation?

June 27, 2015
The recent increase in Court issue fees (particularly for those cases involving disputes over more than £10,000.00) may be seen as an attempt by HMCTS to 'strongly discourage' Claimants from issuing claims without having first attempted to settle the matter, perhaps through the use of mediation.  The increase in Court issue fees may also encourage Defendants to attempt to settle matters earlier, given that the higher Court fees may ultimately form part of the legal fees they have to pay/reim...
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Posted by Stephen Wood. Posted In : Courts 

 

The differences between Employment and Workplace Mediation

June 14, 2015
The main difference between employment mediation and workplace mediation is that an employment mediation will typically take place when the employee had already left or is about to leave employment, whereas workplace mediation takes place when a conflict has developed between two or more employees but the employment relationship is likely to continue and the aim is to improve a working relationship that is in crisis.  

It is possible that during the process a workplace mediation could turn int...
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Posted by Stephen Wood. Posted In : Employment and Workplace Mediations 

 

Recording a settlement in a Tomlin Order

June 8, 2015
Where Court proceedings have been issued, the terms of settlement reached at a mediation can be wholly or partly incorporated into the Court Order.  The parties may seek to record the agreement in a Tomlin Order.  This is a type of Order where the Court orders that further proceedings in the claim are stayed, except for the purpose of carrying out the terms of the settlement, which are set out in the schedule to the Order, and that each party has liberty to apply to the Court to compel compli...
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Posted by Stephen Wood. Posted In : Settlement 

 
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About Me


Stephen Wood is an ADR Group Accredited Civil & Commercial Mediator, an ADR Group Accredited Workplace Mediator, an ADR Group Accredited Online Mediator and a Consultant Litigation Solicitor. In 2017 Stephen was appointed to the Panel of Chairs of the Valuation Tribunal of England. In 2023 Stephen was appointed a Family Court Magistrate in Leicestershire. Stephen has undertaken over 100 paid mediations.

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