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Regulatory and Public Sector
There can be few more challenging areas in which to mediate than the public sector or within the context of a regulatory regime. Whilst the precise subject matter of the dispute may vary hugely – from a major public procurement contract to regulatory proceedings against a regulated firm, these types of dispute often share certain characteristics requiring considerable versatility and skill to be brought to the mediation process. Regulators and public bodies usually act within a statutory framework and are subject to varying degrees of public accountability. Whilst regulators and public bodies may attend a mediation under the cloak of confidentiality and privilege, the outcome of a mediation may well need to be publicised (e.g. because it is a regulatory outcome) or justified publicly (because any monies paid or not recovered raises issue of public accounting). Post mediation matters therefore require careful consideration. Moreover issues of authority, not always simple in these kinds of situations, increases the importance of pre-mediation preparation in terms of ensuring a common understanding of the way in which any agreement is to be completed. Often, for instance, recommendations and business cases will need to be prepared before any agreement can be ‘signed-off’ after the mediation. The parties may well work together to this end at the mediation so that any necessary post-mediation bureaucratic steps proceed smoothly. Given the suitability of mediation in regulatory and public sector disputes, not least because of the vast saving in public (and private) resources it can bring and of course speedier outcomes for all those involved, In Place of Strife The Mediation Chambers has developed a particular strength in these areas. Our mediators are experienced in resolving disputes in the following fields: - Public procurement
- Discrimination claims
- Regulatory proceedings
- Disciplinary proceedings
- Local Authorities
- Health Authorities
- Police Authorities
For advice on the In Place of Strife mediators with the right experience for your case, please contact our senior case manager, Joanne Claypole.
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