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If matters continue to escalate, should the Trust consider going to mediation before going to a court of law? This would be with a firm of professional mediators and is becoming increasingly common with commercial firms who want to continue to have a relationship after the dispute has been resolved.
Here's one definition of it.
"Mediation, in which an independent professional assists parties to work towards a negotiated settlement, is an increasingly popular and accepted method of resolving disagreements across the international business world. It is principally used by parties locked in a dispute which must otherwise be fought out in litigation or arbitration.
Building on the effectiveness of the process, commercial contracts now often include an obligation on parties to attempt to solve any disputes by mediation before launching proceedings. Indeed, mediation is increasingly adopted during long term agreements, particularly in international infrastructure and construction contracts, where pre-nominated mediators are brought in at short notice to help the parties move round problems which would otherwise delay or destabilise the project. As this indicates, mediation can be particularly useful where the parties wish to continue a business relationship which could be damaged by aggressive court or arbitral proceedings."
The problem is that both mediation and arbitration would require both parties to agree to be bound by the process. I doubt that our owners would want this.
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Should the Trust consider mediation? on 08:07 - Nov 25 with 1074 views
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