What is mediation?
Mediation is a form of Alternative Dispute Resolution used to settle a dispute away from court. It can be used to settle many different disputes including those concerning arrangement for children following a separation and financial matters. It is entirely voluntary and requires both parties to engage in the process with an open mind. The parties would often provide each other with some preliminary information, in the case of a financial matter, this may be an exchange of financial disclosure, and then the role of the mediator is to facilitate discussions to help the parties reach a mutually acceptable settlement. Mediation can be tailored to fit the situation so if the parties are willing everybody can all sit in the same room to discuss matters or there may be shuttle mediation whereby the couples sit in separate rooms and the mediator moves between them relaying messages and opening up the discussion.
Mediation can be advantageous in many ways as it can be quicker and less expensive than court based resolution and it allows the couple to reach an agreement they both want rather than a decision being imposed on them by a court. However, they do require co-operation and openness from both parties. Couples can attend mediation without solicitors but solicitors can attend if both parties agree. It is also common to have solicitors representing clients in the background so that they understand their legal positon and consequences of the settlement they are negotiating.
Related FAQs
Contractors working for public sector organisations who are deemed employees for IR35 purposes may be eligible to be furloughed provided they are paid via PAYE. In this scenario the agreement to furlough would be made between the contractor’s personal service company (PSC) and the fee payer (usually the agency). The parties would agree that the contractor will carry out no work for the public sector organisation while furloughed and the fee payer would apply for the grant.
At the moment the guidance states that in order to be eligible a claim for furlough must have to have been submitted by 31 July 2020 for a period of 3 weeks between 1 March and 30 June 2020.
Head of Commercial, Colin Hewitt, speaks with the team at NewcastleGateshead Initiative about the complexities of event cancellations and the associated legal implications.
Click here to listen to the full podcast.
There is no minimum period of notice you are required to give employees of their return, but from a good HR practice point of view you should be speaking to your staff and letting them know what the plan is; giving people a reasonable amount of notice of return will allow them to prepare both practically and psychologically.
The Act is intended to facilitate the rescue of businesses that are in financial difficulty by preventing suppliers from invoking certain termination clauses under a supply contract, and therefore maintaining supply of goods and services to the business whilst plans to save the business can be considered.
Supply contracts often contain a clause enabling them to terminate the contract, or take other steps such as requiring payment in advance, in the event that the customer enters an insolvency procedure.
This new Act removes any such contractual right by dis-applying any clause that allows the supplier to terminate the contract, or take any other step, due to the customer entering an insolvency process.
Suppliers are also prevented from demanding payment for pre-insolvency debts owed by the customer as a condition of continued supply.
Additionally, where the supplier had a contractual right to terminate the contract due to an event occurring before the customer went into the insolvency process (whether or not linked to payment issues), the supplier loses this right for the duration of the insolvency process.
Schools should be considering both Youth MHFA training and Adults MHFA training so that there are people within every school who have the skills and knowledge to support the mental health needs of students and teaching staff.