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Is mediation a part of court proceedings?

Re: Is mediation a part of court proceedings?

Postby atticus » Tue Mar 20, 2018 2:13 pm

Didn't the OP's chum commit to one course over the other when he chose to issue his court proceedings? Shouldn't the OP have had this conversation with his chum before his chum took that step?
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Re: Is mediation a part of court proceedings?

Postby Hairyloon » Tue Mar 20, 2018 3:42 pm

Now that you come to mention it, I'm not sure that he didn't try the ombudsman, but having gone to court, it now falls under a different department.
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Re: Is mediation a part of court proceedings?

Postby Hairyloon » Wed Mar 21, 2018 9:24 am

I think we are largely agreed on the general principle, which was the purpose of the post, but if we can clear up one small point before I move on with it.
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? Is it not the same cake?
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Re: Is mediation a part of court proceedings?

Postby atticus » Wed Mar 21, 2018 9:29 am

You will need to find out the terms on which the regulator deals with things.

Is it that he cannot look at a matter if it is already before the courts?
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Re: Is mediation a part of court proceedings?

Postby Hairyloon » Wed Mar 21, 2018 9:36 am

I've asked him for a link to the relevant regulations and am waiting for him to send it.
You have avoided the cake question, but I think I'll move on anyway, but in a shortly: I have to pop out just now.
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Re: Is mediation a part of court proceedings?

Postby atticus » Wed Mar 21, 2018 9:47 am

Spot on with that insight. There is no pulling the wool over your eyes!

I have indeed not answered the cake question. I have explained why it cannot presently be answered.

I understand that you need to be elsewhere. There is no need to hurry back.
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Re: Is mediation a part of court proceedings?

Postby Hairyloon » Wed Mar 21, 2018 10:07 am

atticus wrote:I have indeed not answered the cake question. I have explained why it cannot presently be answered.

You have not explained it well: the "Cake and eat it" principle appears to apply because there is a choice: either the regulator or the court.
As explained by Stoaty:
Smouldering Stoat wrote:I agree with the regulator. A brings proceedings against B, and loses the right to go to the regulator...

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

Postby atticus » Wed Mar 21, 2018 10:26 am

2 things that the ape may have missed in all the noise of this long and drawn-out thread

viewtopic.php?f=17&t=8820#p109417

viewtopic.php?f=17&t=8820&p=109462#p109443
Last edited by atticus on Wed Mar 21, 2018 10:43 am, edited 3 times in total.
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Re: Is mediation a part of court proceedings?

Postby Hairyloon » Wed Mar 21, 2018 10:37 am

What is this: Shroedinger's cake analogy? Holding it simultaneously as both true and true in the same post.
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Re: Is mediation a part of court proceedings?

Postby Hairyloon » Wed Mar 21, 2018 12:03 pm

Moving on then.
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