mediation in areas of civil litigation

[Brighton-cpe]

Hi everyone,

this is my first post in Legal beagles and I am quite excited.

I am currently studying Law, a 1 year conversion course at University.

I made this decision having lost a relative and having to go through the whole probate process on top of this having an ongoing case with my ex employer (details to follow). Therefore I thought best to learn the laws and my rights direct from the university lecturers and what a good choice it was, unfortunately its very hard work! In the two months I have been studying I have learn quite a few tips.

my first post to LB is for help with a 2000 word essay I have for my first module:

Its is based on the subject of mediation and it benefits, disadvantages. I am not asking anyone here to write the essay for me (which would be nice ), however I would like to know peoples' experiences and any ideas they have on the subject or relevant legislation and statutes that immediately come to mind? I will keep you all updated to the progress as its due in two weeks time. Essay question in full below. Once again many thanks.

@font-face { font-family: "ＭＳ 明朝"; }@font-face { font-family: "ＭＳ 明朝"; }@font-face { font-family: "Cambria"; }p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0cm 0cm 0.0001pt; font-size: 12pt; font-family: Cambria; }.MsoChpDefault { font-size: 10pt; font-family: Cambria; }div.WordSection1 { page: WordSection1; } In the past decade or so, policy makers have reiterated the case for mediation made out by mediation providers and have sought to promote the use of mediation in all areas of civil litigation, including public law. The claims that are made in support of mediation are essentially that it is quicker, cheaper and offers better outcomes than could be achieved through the court process. Discuss.

[leclerc]

Re: mediation in areas of civil litigation

Shhh!! I like to cheat and research the topics of interest

http://www.publiclawproject.org.uk/d...MindResGap.pdf
(this might help with the essay )
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and.......

Mediation as a form of dispute resolution | Jonathan Djanogly MP - Member of Parliament for the Huntingdon Constituency
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Slightly dated now but might offer some relevance:

http://www.asauk.org.uk/fileLibrary/pdf/smclmsbq.pdf
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and finally:

http://www.publiclawproject.org.uk/d...dbookFINAL.pdf


I won't write your essay but I can provide some sources for the bibliogrpahy

[Brighton-cpe]

Re: mediation in areas of civil litigation

Hi just to let everyone know I got a decent pass on my mediation paper.... so maximum respect monsieur LeClerc

However it has come to that time again, I am now writing my second assignment.

This one is based on negligent actions that can be taken against public authorities and instances where it cannot due to public policy. However the latter decision can be appealed at the Court of human Rights, Strasbourg.

Same thing again, I would like to know peoples' experiences and any ideas they have on the subject or relevant legislation and statutes that immediately come to mind?

Below is the question in full:

In negligence actions against public authorities what role does reasonable foreseeabilityand proximityplay in determining the duty of care? To what extent do public policy concerns and human rightsissues influence the judicial determination of the duty of care in this area?




Many thanks again and news to follow on the case mentioned in my first post.

Cheers Beagles:beagle::beagle::beagle:

[leclerc]

Re: mediation in areas of civil litigation

Hi just to let everyone know I got a decent pass on my mediation paper.... so maximum respect monsieur LeClerc

However it has come to that time again, I am now writing my second assignment.

This one is based on negligent actions that can be taken against public authorities and instances where it cannot due to public policy. However the latter decision can be appealed at the Court of human Rights, Strasbourg.

Same thing again, I would like to know peoples' experiences and any ideas they have on the subject or relevant legislation and statutes that immediately come to mind?

Below is the question in full:

In negligence actions against public authorities what role does reasonable foreseeabilityand proximityplay in determining the duty of care? To what extent do public policy concerns and human rightsissues influence the judicial determination of the duty of care in this area?




Many thanks again and news to follow on the case mentioned in my first post.

Cheers Beagles:beagle::beagle::beagle:

NOOOOOOOOOOOOOOOOOOOOOOOOooooooooooooooooooooooooo o!!! not more homework, lol!!

Ok, here's your starter for 10
http://www.oup.com/uk/orc/bin/978019...ham2e_ch04.pdf


Oxford Journal of legal studies, Volume 25 Issue 1 pages 33-63 may be of help as well
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http://www.scottishlaw.org.uk/journa...publicauth.pdf

[leclerc]

Re: mediation in areas of civil litigation

12.2 Tort, negligence, duty of care - policy - fair just and reasonable

[Brighton-cpe]

Re: mediation in areas of civil litigation

lol
yes it is indeed that time again.
Many thanks LeClerc you are tha Don!!

will keep you posted as to the progress.

Best Regards

[leclerc]

Re: mediation in areas of civil litigation

lol
yes it is indeed that time again.
Many thanks LeClerc you are tha Don!!

will keep you posted as to the progress.

Best Regards

nah, just know how to use google :o

[Brighton-cpe]

Re: mediation in areas of civil litigation

we have a question set if anyone could advise, any help would be greatly appreciated:

Charles’s friend Hedley moves into Charles’s house while Charles is away on an extended skiing trip and agrees to pay £500 per month rent. Hedley is made redundant and Charles agrees that he can live in the house rent-free until he obtains another job. Hedley lives in the house for three months and pays no rent at all. He does however, at his own expense, redecorate the lounge and bedroom. Charles is very pleased and tells Hedley that he will pay him £500 to cover his time and materials.

Charles also makes a contract with Lucas, a plumber, to install an additional bathroom for £6000. When the work is only half completed Lucas contacts Charles and tells him he had underestimated the cost of the power shower Charles wanted and that he cannot complete the work unless he is paid another £500 to buy the shower. Charles agrees.

Charles has just learned that Hedley voted Tory at the last election and this leads to a major dispute. Charles tells Hedley he must pay £500 starting immediately and also pay the back rent he owes. He says he has also changed his mind about paying Hedley £500 for the decoration he has done. He contacts Lucas and says he will not be paying him any more and he must complete the work for the agreed price

Advise Charles...

Many thanks again Beagles

[leclerc]

Re: mediation in areas of civil litigation

Charles should really get a life with regards to his personal views.

I'm not sure Hedley may not have a case to sue Charles if the plumber has already bought the parts since a contract has clearly been made between plumber and Hedley.
If Hedley has nothing in writing about the rent then it is up to a judge to decide who is truthful and who is lying. That's just my opinion. Never mix business with pleasure, it'll ruin a friendship

[SpringerSpaniel]

Re: mediation in areas of civil litigation

The question is about in what circumstances a constructive trust is established in respect of a property occupied by two (or more) people together, who are not married to each other nor civil partners.

It also concerns Estoppel and detrimental reliance, as the payment made by Hedley to the plumber indicates a detrimental reliance on the arrangement with Chaarles that Hedley can live rent free in the house, in that Hedley has paid for the plumbing with his own money, so he is improving thier joint residence at his own expense.

[Brighton-cpe]

Re: mediation in areas of civil litigation

Charles should really get a life with regards to his personal views.

I'm not sure Hedley may not have a case to sue Charles if the plumber has already bought the parts since a contract has clearly been made between plumber and Hedley.
If Hedley has nothing in writing about the rent then it is up to a judge to decide who is truthful and who is lying. That's just my opinion. Never mix business with pleasure, it'll ruin a friendship

Yes, Charles needs to sort his self out indeed...cheers for your response and wise words....a double whammy!!!:tinysmile_aha_t::tinysmile_aha_t::tinysm ile_aha_t:

I will be posting my thoughts to the problem up shortly been doing some brainstorming!

[Gorang]

Re: mediation in areas of civil litigation

we have a question set if anyone could advise, any help would be greatly appreciated:

Charles’s friend Hedley moves into Charles’s house while Charles is away on an extended skiing trip and agrees to pay £500 per month rent. Hedley is made redundant and Charles agrees that he can live in the house rent-free until he obtains another job. Hedley lives in the house for three months and pays no rent at all. He does however, at his own expense, redecorate the lounge and bedroom. Charles is very pleased and tells Hedley that he will pay him £500 to cover his time and materials.

Charles also makes a contract with Lucas, a plumber, to install an additional bathroom for £6000. When the work is only half completed Lucas contacts Charles and tells him he had underestimated the cost of the power shower Charles wanted and that he cannot complete the work unless he is paid another £500 to buy the shower. Charles agrees.

Charles has just learned that Hedley voted Tory at the last election and this leads to a major dispute. Charles tells Hedley he must pay £500 starting immediately and also pay the back rent he owes. He says he has also changed his mind about paying Hedley £500 for the decoration he has done. He contacts Lucas and says he will not be paying him any more and he must complete the work for the agreed price

Advise Charles...

Many thanks again Beagles

PMSL

Looks like a Judge Judy case to me lol