January 2014
JFSA Update 28th January 2014
Case Review & Mediation Scheme - Update
Since the Initial Case Review & Mediation Scheme closed on the 18th November 2013 by which time it had received 147 applications during the 12 weeks it had been open, the cases have been progressing through the various stages. When the Scheme was being developed, a number of timescales were included for each stage of the process. The amount of work required for each of these stages has proved, on average, to be considerably more than had been first envisaged, which is why the passage of a case through the stages may take a few weeks longer.
As mentioned in a previous email, it is far more important for the investigation of a case to be thorough rather than quick, so if it a takes a little bit longer to ensure that your concerns have been addressed completely, then so be it. What can be commented upon is that those involved with working on the cases are progressing them as quickly as they can, but as you will appreciate, there is a significant learning curve to understand the issues behind the cases and the role and work environment of a Subpostmaster, so it is not that easy to just bring in more people to work on the cases. Yet despite the significant increase in the volume of work the Scheme requires, overall the timescale for all cases has slipped by only a few weeks as all involved are working to bring the cases through the Scheme as soon as is possible.
The Mediation Process
This is really just a reminder about one of the facts of the Mediation part of the Scheme. Remember it is non-binding unless you accept any agreed settlement. You are under no compulsion to accept what is offered, and you can walk away at any time without any comeback, if for example you believe what is offered is derisory or it does not give you what you consider is a minimum settlement. You should not feel pressurized to accept any offer just because you are told “that is it, take it or leave it”, as there is an alternative, although longer route, through litigation.
We (JFSA) have entered into the Scheme on the understanding that all Applicants will have an opportunity to have their cases investigated properly, be treated fairly with any wrongs inflicted on individuals put right, and it is only if that is demonstrated to us during the process will we stay involved and support the Scheme. If at any time we find that others involved are not prepared to take their responsibilities seriously, then we will withdraw from the Scheme and seek to redress matters differently.
Also remember, you will have all the reports that have been produced with your case, and by the time a case heads towards a Mediation meeting there will be the report produced by your Professional Advisor (if you used one), the report POL produced for Second Sight and a report produced by Second Sight for the Mediator. All three reports could then be used to support cases taken through the courts in a group action, and although we have already received an offer from one law firm to do so, the resulting publicity we would generate nationally from pulling out of the Scheme would no doubt bring us others.
When a case goes to the Mediation meeting, if there is no settlement agreed and an Applicant leaves the meeting with the issues unresolved and unhappy with the way the meeting went, it is important that others know. Your MP should be top of that list, as it has been the MPs whose support has helped us get this far, and if many Applicants are complaining, then the MPs will want to know why.
No case has arrived at a Mediation meeting yet, the majority of cases are currently with Professional Advisors, although over 50 have been reviewed by 2nd sight and passed on to POL, so it is still unknown how well Mediation will achieve resolution for Applicants. But it is important to be aware that Mediation is one route and not the only route that is open to us.
Case Review & Mediation Scheme - Update
Since the Initial Case Review & Mediation Scheme closed on the 18th November 2013 by which time it had received 147 applications during the 12 weeks it had been open, the cases have been progressing through the various stages. When the Scheme was being developed, a number of timescales were included for each stage of the process. The amount of work required for each of these stages has proved, on average, to be considerably more than had been first envisaged, which is why the passage of a case through the stages may take a few weeks longer.
As mentioned in a previous email, it is far more important for the investigation of a case to be thorough rather than quick, so if it a takes a little bit longer to ensure that your concerns have been addressed completely, then so be it. What can be commented upon is that those involved with working on the cases are progressing them as quickly as they can, but as you will appreciate, there is a significant learning curve to understand the issues behind the cases and the role and work environment of a Subpostmaster, so it is not that easy to just bring in more people to work on the cases. Yet despite the significant increase in the volume of work the Scheme requires, overall the timescale for all cases has slipped by only a few weeks as all involved are working to bring the cases through the Scheme as soon as is possible.
The Mediation Process
This is really just a reminder about one of the facts of the Mediation part of the Scheme. Remember it is non-binding unless you accept any agreed settlement. You are under no compulsion to accept what is offered, and you can walk away at any time without any comeback, if for example you believe what is offered is derisory or it does not give you what you consider is a minimum settlement. You should not feel pressurized to accept any offer just because you are told “that is it, take it or leave it”, as there is an alternative, although longer route, through litigation.
We (JFSA) have entered into the Scheme on the understanding that all Applicants will have an opportunity to have their cases investigated properly, be treated fairly with any wrongs inflicted on individuals put right, and it is only if that is demonstrated to us during the process will we stay involved and support the Scheme. If at any time we find that others involved are not prepared to take their responsibilities seriously, then we will withdraw from the Scheme and seek to redress matters differently.
Also remember, you will have all the reports that have been produced with your case, and by the time a case heads towards a Mediation meeting there will be the report produced by your Professional Advisor (if you used one), the report POL produced for Second Sight and a report produced by Second Sight for the Mediator. All three reports could then be used to support cases taken through the courts in a group action, and although we have already received an offer from one law firm to do so, the resulting publicity we would generate nationally from pulling out of the Scheme would no doubt bring us others.
When a case goes to the Mediation meeting, if there is no settlement agreed and an Applicant leaves the meeting with the issues unresolved and unhappy with the way the meeting went, it is important that others know. Your MP should be top of that list, as it has been the MPs whose support has helped us get this far, and if many Applicants are complaining, then the MPs will want to know why.
No case has arrived at a Mediation meeting yet, the majority of cases are currently with Professional Advisors, although over 50 have been reviewed by 2nd sight and passed on to POL, so it is still unknown how well Mediation will achieve resolution for Applicants. But it is important to be aware that Mediation is one route and not the only route that is open to us.