Circular Revolution Mediation News Update

Welcome to the first Circular Revolution Mediation News Update, I’m Geoff Meenan. This time, we begin with a warning from the Law Society of England and Wales regarding mediation in tenant and landlord disputes. In February this year, a mediation pilot was introduced as part of the court process for housing possession cases. This pilot, which is free for both landlords and tenants, was created to resolve cases without the need for face-to-face court hearings during possessions. However, it is now feared that the availability of free mediation may be seen as a substitute for legal advice, leaving both sides potentially at a disadvantage, regardless of outcome. The Society is calling on the Government to take steps to ensure that all parties are adequately advised as the lockdown ban on evictions is gradually removed. On a similarly pandemic-related issue, global law firm Pinsent Masons have added their voice to many who now feel that remote mediation and virtual dispute resolution platforms, which have enabled ADR to function so effectively over the past year or so, will significantly outlast the viral presence of Covid-19. Agile updating of agreements and other documentation by so many mediators has been a factor in the largely successful technological continuity, whilst in periods of lifted and partially-lifted lockdowns hybrid models involving a combination of face-to-face meetings and virtual ones have generally been rated as fulfilling the needs of most situations. Furthermore, the advent of the Mediator’s Green Pledge - an initiative whereby mediators sign up voluntarily to endeavour to reduce carbon emissions wherever possible (eg, eliminating unnecessary travel) - has provided further impetus. As with any major change, however, those working in the field will undoubtedly be keeping a close eye on how things develop once normality fully returns. Elsewhere, fascinating news has emerged of the success of the British Army’s in-house mediation service, first established ten years ago but now set in the current year to double its caseload as more and more Army personnel turn to mediation instead of moving to the formal complaint option. A team of around ninety fully-trained mediators, receiving monthly support in their continuing professional development, dealt with 110 case enquiries during the first part of the year, and there have been extensive efforts to keep mediations in person rather than virtual, owing to the deeply human nature of military conflict. Continued investment has driven an enhanced service to meet strong word-of-mouth recommendations from officers, and the service is set to grow and develop in the coming years. Finally, comes news of a new initiative aimed at helping warring neighbours to settle boundary disputes, a problem area apparently exacerbated by the domestic restrictions of lockdown. The Boundary Disputes Mediation Service has been set up jointly by the Property Litigation Association and the Royal Institution Of Chartered Surveyors, and comprises a mixed panel of surveyors, lawyers and mediators with a substantial amount of experience in neighbour and boundary disputes. The new service, which operates on a fixed-fee basis, is supported by the Civil Justice Council in its aim of providing non-litigation based solutions. And there we end our look at all things mediation-related for now...I’m Geoff Meenan, and we are Circular Revolution.