Is Mediation better than Litigation-or other alternatives?

http://www.justice.gov.uk/downloads/publications/research-and-analysis/moj-research/evaluating-judicial-mediation-march10.pdf

For those of you interested in the research evidence about the usefulness or otherwise of mediation, you might like to consider the research by clicking on the link above.

Take time to read the research and then make your own decision. Simply listening to and following the Government propaganda that mediation is quicker, better and cheaper may not prove to be true for you.

Clearly, some involved in mediation would wish for everyone to believe that mediation is best because they wish to make a living out of being a Mediator. Indeed the very same people expect others to refer clients to them rather than competing for the instructions in the first place. The Government is sold on the benefits of Mediation because it suits the agenda of cutting legal aid.

Unfortunately recent articles have shown that Government reforms of legal aid in relation to women and domestic violence  have failed to deliver.

The rise in litigants in person, unaided by legal advisers, has created more problems for the Courts than the cuts in legal aid were supposed to promote: http://www.theguardian.com/law/2013/oct/18/essex

The main problem with the cuts to legal aid is that the Government has failed to understand the role that legal aid plays in the Justice systems. They are looking at legal aid as if it is separate to the Justice systems. This is the equivalent of the NHS cutting the cost of blood without thinking about what blood is needed for in the NHS. The obsession with legal aid high earners is really a smokescreen to reduce access to Justice for annoying, little people and annoying little people lawyers who challenge the decisions of the important people who,after all, know best. The ConDems don’t like others to challenge their power or that held by their friends.

Prisoners and “criminals” are an easy target for a prejudice based assault on the weak and vulnerable.

The ConDem cuts will lead to greater cost, greater chaos and more frustration as the disconnect between citizen and the powerful grows even wider.

 

RSPCA beaten

I undertook a trial a few weeks ago for a couple who had been prosecuted by the RSPCA for causing suffering to a cat. The cat had developed a tumor which had caused an abscess. The vet said that the couple would have known that the cat was in pain. This couple looked after many cats. They loved animals. They cared for animals. The Magistrates did not convict them and teh couple walked free from Court after trial.

Two issues arise:

1 The RSPCA is a charity. They are not the Police. They do not have the right to enter your home or property unless you invite them. You don’t have to let them in-unless accompanied by a Police Officer.

2 You don’t have to answer their questions. They may give you a caution before interviewing you, but you don’t have to speak to them if you don’t wish to. Apart from that you might wish to take legal advice before the interview or have a solicitor present during interview.

amrobinson@emmersons-solicitors.co.uk

@emmersonslaw

Divorce

Despite the downturn in family relate work, we continue to be instructed in divorce proceedings. Recently we were instructed by 3 separate and unrelated people all of whom had a similar experience.

First: mediation had appeared to them to be the worst option. Each felt that it would mean that their former partner would exercise the same level of power and control over the divorce as they had over the marriage. Each wanted the space to make sure that the resolution was the best they could achieve. Each came to this conclusion before they met us. Each had considered mediation as an alternative.

Second: they had tried to undertake the litigation in person and found the entire Court experience overwhelming. None of them was inadequate intellectually or emotionally but none felt able to deal alone with the demands of the Court system.

Government and the “mediation is best” propagandists would have you believe that these people could have resolved their issues through mediation and could deal with the Courts in person but their experience says otherwise.

We offer a range of financial packages to allow you to choose the involvement you want us to have with your case. It is up to you.