25. Memorandum submitted by Peterborough
Mediation Service
1. PETERBOROUGH
MEDIATION
1.1 Peterborough Mediation was formed in
1998 as a registered charity and is an independent organisation
working in the Voluntary Sector. A member of Mediation UK, we
are working towards the Quality Mark Standard of the Legal Services
Commission.
1.2 The Service is provided free of charge
to people who live within the geographical area covered by Peterborough
City Council. People can contact the service themselves. In addition,
agencies with which we have agreements, can refer their tenants,
clients or customers to us. We also provide a service on behalf
of a number of other local authorities.
1.3 Whilst our core business is dealing
with neighbour nuisance, we also undertake work in other areas,
including victim/young offender mediation, preventing homelessness
and community cohesion.
1.4 We currently have two members of staff
and seventeen volunteer mediators.
2. ABOUT MEDIATION
2.1 Mediation is a well established process
for resolving disagreements in which an impartial third party
(the mediator) helps people in dispute to find a mutually acceptable
resolution.
2.2 It is independent and confidential and
gives those involved an opportunity to step back and think about
how they could put the situation right. This can mean looking
at their own behaviour as well as that of other people.
2.3 This enables participants to come up
with their own practical solution which will benefit all parties
and allows people to rebuild relationships as they work together
to find an agreement. This is different to the legal process,
where hostility often still exists between parties once the case
is over.
2.4 Mediation is generally more cost effective
and quicker than going to court, and is a very flexible process
that can be used to settle disputes in a whole range of situations.
2.5 It is also an excellent preventative
tool and can be used effectively to stop problems escalating and
becoming worse.
3. COMMUNITY
SAFETY PARTNERSHIP
3.1 We are an active member of the Community
Safety Partnership, being a member of the Performance and Management
Group and providing the Chair of the Community Safety Forum. In
addition we participate in the various problem solving groups
as appropriate.
3.2 As part of our contribution to the Community
Safety Strategy Action Plan we provide training to community groups
and staff within partner agencies. The aim of this is to raise
awareness of mediation as a means of improving relationships between
neighbours and reducing the number of nuisance complaints.
4. REVIEW OF
CASE WORK
4.1 A review of case work we have undertaken
within Peterborough between 1/04/03 and 31/03/04 is set out within
appendix 1.
5. CASE STUDIES
5.1 Two case studies are set out within
appendix 2.
6. CONCLUSIONS
6.1 We believe that mediation should be
an integral part of any strategy to combat anti-social behaviour.
Many difficulties between neighbours are not capable of statutory
remedy—the law is a blunt instrument and not designed to
reconcile disputants. Mediation is a cost effective means of conflict
resolution and offers real and lasting improvement to people's
quality of life.
6.2 Mediation also has an important role
too, as part of the "Community Safety Strategy", working
in partnership, it can help people manage their conflicts more
effectively and as a result, prevent situations escalating into
breaches of the peace, property damage and assaults.
6.3 It is important to remember that a variety
of remedies are needed to deal effectively with anti-social behaviour.
29 November 2004
APPENDIX 1
REVIEW OF CASEWORK & OUTCOMES 1 APRIL 2003-31
MARCH 2004
| Total cases: | 122
|
| Referring Agencies | |
| Peterborough City Council | 56
|
| Self | 28 |
| CAB | 7 |
| Housing Association | 13 |
| Councillors | 5 |
| Police | 4 |
| Others | 9 |
| TYPE OF CASES
| |
| (Some can be made up of more than one type)
| |
| Animals | 13 |
| Boundaries | 14 |
| Car parking | 8 |
| Children/Young People | 33 |
| Damage | 7 |
| Harassment | 23 |
| Noise | 51 |
| Racially Aggravated Incidents | 6
|
| Relationships | 6 |
| Shared facilities | 9 |
| Smells | 8 |
| Threatening Behaviour | 11 |
| Trees/garden | 8 |
| Verbal Abuse | 14 |
| TENURE OF CLIENTS
| |
| Peterborough City Council | 56%
|
| Owner Occupier | 34% |
| Housing Association | 8% |
| Private | 1% |
| Commercial | 1% |
| |
OUTCOMES
66% of cases are resolved, or there is evidence of improved
communication and better understanding between parties.
88% of clients are satisfied with the service provided by
Peterborough Mediation.
85% reduction in client contact with agencies in respect
of cases referred to mediation.
APPENDIX 2
CASE STUDY
1
The two families had always been good friends until the day
when two of their children had a fight. Other families became
involved and from that day things became steadily worse.
Cars were damaged, teenage children joined in the threats,
abuse and violence and very quickly most of the street was involved.
The Police were frequently called out and both families were
warned regarding their future conduct.
Police and housing staff were at a loss to know what to do
next about these families who were taking up so much of their
time and energy and disturbing the rest of the neighbourhood.
The case was referred to mediation and mediators called to
see both families. After some time trust in the mediators and
the mediation process grew and they were able to negotiate an
understanding between the two families.
They don't yet speak to each other but have both said that
they feel much happier and things are quieter. While they have
had support and encouragement to face their problems, rather than
an authoritarian approach, they have been able to deal with the
dispute successfully themselves. They no longer feel the need
to engage other neighbours in abuse and violence, or to seek help
from hard pressed police and council Officers.
CASE STUDY
2
An Asian family moved into a new home, initially they were
on good terms with the white family who were their neighbours.
After a few months the relationship between the two families
began to breakdown and incidents began to occur. The Asian family
was making regular complaints to the police and council in respect
of verbal abuse and criminal damage.
The situation continued to deteriorate with further complaints
of criminal damage and serious incidents of racial harassment;
as a result police and housing officers were attending on an almost
daily basis.
In respect of the racial harassment the Council commenced
proceedings in the County Court to obtain a possession order.
The Judge having heard the application and discussed the case
with all parties adjourned the case to allow the families to participate
in mediation.
The case was referred to us and mediators visited both parties
on a number of occasions. We were able to help them identify areas
of common ground and to agree the grounds rules for a joint meeting.
At the joint meeting there was a very frank and honest exchange
of views leading to an unreserved apology in respect of the racial
harassment. Both families signed a written agreement, this included
the apology, undertakings regarding future conduct and behaviour
and a means of communication in the future.
We updated the Judge as to the outcome of the mediation and
as a result the application by the council was formally withdrawn.
There have been no further calls for assistance to the Police
or the Council and recent feedback indicates that both families
are enjoying a positive relationship.
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