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Is mediation a part of court proceedings?

Re: Is mediation a part of court proceedings?

Postby Hairyloon » Wed Mar 21, 2018 12:05 pm

This is a case at the European Court of Human Rights. They require that all domestic remedies be exhausted before they will look at a case so we can assume that if the regulator was an appropriate course, then it has been tried. Or that the court has deemed that it is not applicable, or whatever.

The "mediation" in this matter was therefore a "Friendly Settlement" negotiation, of the sort we have discussed here previously. Clearly it is not actual mediation, but the principle is similar: I assume that a nation state is deemed mature enough to not require a mediator.
The negotiation followed the popular model of "Take it or leave it, you need us more than we need you", which the claimant did not consider adequate and neither do I: the final response to the complaint, from the Minister responsible for Human Rights policy all but admits that they didn't bother reading the correspondence.

On the one hand, clearly this does relate to court proceedings, but the more important issue is that it relates to the country's Human Rights policy.
The claimant's case is that they are breaching human rights and will continue to breach human rights unless they take a look at how and why they are breaching human rights.

The regulator (the Parliamentary and Health Service Ombudsman) has not made a decision yet, but they have phoned to suggest that they will probably decline jurisdiction.
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Re: Is mediation a part of court proceedings?

Postby theycantdothat » Wed Mar 21, 2018 12:07 pm

Hairyloon wrote:If going to court and then the regulator is to have one's cake and eat it, then why is it not so if one goes to the regulator and then the court?


Because the court's jursidiction cannot be ousted.
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Re: Is mediation a part of court proceedings?

Postby atticus » Wed Mar 21, 2018 12:07 pm

Am I right in thinking that it would be helpful if the regulator refuses to take the case? Earlier posts suggested that you wanted the regulator to take your case.
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Re: Is mediation a part of court proceedings?

Postby Hairyloon » Wed Mar 21, 2018 12:10 pm

theycantdothat wrote:
Hairyloon wrote:If going to court and then the regulator is to have one's cake and eat it, then why is it not so if one goes to the regulator and then the court?


Because the court's jursidiction cannot be ousted.

Nobody is asking it to.
The regular is being asked to look at the negotiations and rule on whether they fell within acceptable parameters.
The ruling of the court is not actually relevant to that: it cannot be since they are not a party to those negotiations.
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Re: Is mediation a part of court proceedings?

Postby Hairyloon » Wed Mar 21, 2018 12:18 pm

atticus wrote:Am I right in thinking that it would be helpful if the regulator refuses to take the case? Earlier posts suggested that you wanted the regulator to take your case.

No, sorry I have not explained the issue adequately. The court has already accepted that all domestic remedies were exhausted and accepted the case. They suggested the parties should come to a friendly settlement, but the nation has deemed the citizen as too unreasonable to be friends with.

The citizen wants the regulator to check if they were right to do that, and if so then to explain why he is considered as so unreasonable.
Particularly in comparison to some of the individuals with whom the nation in question is seen to be very friendly with...
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Re: Is mediation a part of court proceedings?

Postby atticus » Wed Mar 21, 2018 12:57 pm

If friendly settlement is possible, then surely the court provides a means by which it determines the questions which the parties are not able to resolve amicably.

This fixation on the regulator appears to be a red herring.
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