Stephen Wood Mediation

When might workplace mediation not be suitable?

March 20, 2016
Workplace mediation has good prospects of success but there may be some situations when it might not be appropriate. Mediation may not be suitable when:
  1. one of the parties has been absent due to work-related stress and his or her GP advises against participating in the mediation;
  2. one of the parties insists that an investigation needs to take place before he or she will participate in the mediation;
  3. the parties have not voluntarily agreed to participate; and
  4. allegations of fraud have been made.

Posted by Stephen Wood. Posted In : When not to use 

 

The need for a signed written settlement

March 13, 2016
To avoid further dispute it is sensible for the parties to agree prior to the mediation starting that the dispute is only settled once written terms of settlement are signed.

The process of writing-up the settlement often leads to a party seeking an additional clause (or two) that had not previously been discussed, emphasising the importance of there only being a settlement once the written agreement is signed.
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Posted by Stephen Wood. Posted In : Written Agreement 

 

Advise clients about litigation costs prior to the mediation

March 9, 2016
As part of the mediation process I, along with most mediators, will ask the parties to calculate the costs of the litigation, in particular the costs they will pay if they win and the costs they could be ordered to pay if they lose.  It often has a very sobering effect!

It is therefore important for those advising a party to provide their client with details of the likely costs in advance of the mediation.
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Posted by Stephen Wood. Posted In : Costs 

 

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 tur...
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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 

 
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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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