Mediation

[David]

Hi,

During the mediation process is it possible for the complainant to make an offer for the domain in dispute?

Cheers.

 

[rob]

Hi,

During the mediation process is it possible for the complainant to make an offer for the domain in dispute?

Cheers.

Yes it is

 

[Beasty]

Hi,

During the mediation process is it possible for the complainant to make an offer for the domain in dispute?

Cheers.

Absolutely - in most cases there's unlikely to be a deal done if they don't. It is the one time in the dispute that both parties can speak freely.

 

[tifosi]

Yes, It's where the mediator bangs a few heads together, tells a few home truths, and a few blunt comments and tries to find some common ground... hopefully.

An offer on the table is usually part of that.

And remember this is after ALL submissions and the expert does not see any part of the mediation - if it gets that far.

S

 

[keys]

I have noticed that in at least two recent cases, the Complainant forced an expert decision despite the respondents (eventual) willingness to cooperate.

I think this was to make an example, and add to the respondents history of lost DRS cases.

 

[tifosi]

I have noticed that in at least two recent cases, the Complainant forced an expert decision despite the respondents (eventual) willingness to cooperate.

I think this was to make an example, and add to the respondents history of lost DRS cases.

Make you wonder whether the mediator should also send a 'mediation report' to the expert with basic info on the general progression of the mediation and conduct of the complainant and respondent.

S

 

[Beasty]

What would be the point? If I were a Complainant, or advising a Complainant, and I knew we had the Respondent banged to rights, depending on how I felt, I might decide to stick it to the Respondent by opting for a decision regardless of the outcome of the mediation period. Mediation is optional afterall and has no impact on any decision and nor should it. If it did, it would not be confidential. Those that think that mediation always converts into a sure £749.99 settlement should think again. Complainants aren't always going to opt to pay the Respondent simply because it is cheaper than paying for an Expert decision. Unfortunately for him, the propriator of CHC has found that out in a number of decisions that have gone against him.

I agree. It is also worth bearing in mind that if lawyers are involved, the £750 is not likely to be a big part of the total bill the complainant is already picking up. So saving it is not going to be a big deal.