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Is mediation a part of court proceedings?

Is mediation a part of court proceedings?

Postby Hairyloon » Mon Mar 19, 2018 8:43 pm

A citizen is let down by a public body and he applies to the court for an injunction and compensation.
The court effectively says to go away and try mediation.
Mediation proves ineffective, which the citizen thinks is because the public body did not make any reasonable effort so he complains to the regulator.
The regulator is not allowed to get involved in court proceedings and refuses to get involved.

Is that right? Mediation seems to me to be a step removed from the court proceedings that the the regulator ought not be involved with, and a process that properly ought to be regulated.
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Re: Is mediation part of court proceedings?

Postby atticus » Mon Mar 19, 2018 9:01 pm

Mediation is a form of what is known as Alternative Dispute Resolution.
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Re: Is mediation part of court proceedings?

Postby Hairyloon » Mon Mar 19, 2018 9:04 pm

So not court proceedings then, despite being initiated by the court?
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Re: Is mediation part of court proceedings?

Postby atticus » Mon Mar 19, 2018 9:06 pm

It is, nevertheless, a contentious process.
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Re: Is mediation part of court proceedings?

Postby Smouldering Stoat » Mon Mar 19, 2018 9:07 pm

I agree with the regulator. A brings proceedings against B, and loses the right to go to the regulator. Mediation is an attempt to settle those proceedings without going to court, and may result in a court order being made. It is no different if A and B try other means to settle their litigation.

A wishes to have his cake and eat it.
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Re: Is mediation part of court proceedings?

Postby Hairyloon » Mon Mar 19, 2018 9:37 pm

Smouldering Stoat wrote:I agree with the regulator. A brings proceedings against B, and loses the right to go to the regulator...

A good point, but I don't think the proceedings are of the type that would be subject to the regulator. Cake and eat it is not applicable here.
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Re: Is mediation part of court proceedings?

Postby Smouldering Stoat » Mon Mar 19, 2018 10:01 pm

I would need to be persuaded that you are correct.
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Re: Is mediation part of court proceedings?

Postby atticus » Mon Mar 19, 2018 10:58 pm

Didn't the OP say that his citizen had started court proceedings? And yet he wishes to have his cake (court/mediation) and eat it (regulator). I am moved to say that I am persuaded he is without a leg to stand on here.
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Re: Is mediation part of court proceedings?

Postby Hairyloon » Tue Mar 20, 2018 2:35 am

Smouldering Stoat wrote:I would need to be persuaded that you are correct.

Difficult to do without going into more detail than the board rules suggest. I may revisit that if necessary once I understand the general principle.
I imagine that your point is perfectly correct in most instances, but I cannot see how it can apply to this one. Nonetheless, it is a helpful insight, so thank you, even if you are not persuaded to engage further.
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Re: Is mediation a part of court proceedings?

Postby tph » Tue Mar 20, 2018 11:41 am

I would have thought the correct process was the regulator, mediation and failing that the court. If the person can demonstrate they have tried the first two with no success then the court should take the matter forward.
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