Does transport mediation deliver solutions tailored to the dynamics of the logistics industry?

Does transport mediation deliver solutions tailored to the dynamics of the logistics industry?

transport mediation

The dynamics of the logistics industry create serious challenges for carriers, freight forwarders and customers. Problematic situations arise on a daily basis. Losing control of a problem while it is still in its infancy makes solving it much more difficult.

How can logistics companies can benefit from mediation?

The logistics industry needs a mechanism to match its dynamics, namely an adaptable, dynamic, flexible and fast model through which disputes can be resolved efficiently. The mediation procedure is the means that would perfectly incorporate into the transport industry to help it continue to develop at a rapid pace.

Mediation is an alternative means of resolving disputes. It is precisely an alternative because it is an option that the parties have and the choice of which depends solely on their will. By agreeing to a mediation procedure with the assistance of a mediator, the parties aim to reach a mutually beneficial solution and agreement between them. Of course, the parties to a pending dispute may also proceed to mediation at any time and reach an agreement only with the mediator’s proper communication guidelines.

The mediation procedure is distinguished by certain principles which most clearly describe its nature, namely: voluntariness, equality, neutrality, impartiality and confidentiality. In view of these basic principles, the disputants have equal opportunities in the mediation procedure. They participate of their own free will and may withdraw at any time. It is also extremely important that the mediator does not show partiality and does not impose a solution on the dispute. In the mediation procedure, all issues are settled only by mutual agreement of the parties.

In order to gain a better insight into the nature of mediation, we should distinguish mediation from court and arbitration proceedings. While in the latter two proceedings the decision is made by a judge or arbitrator on the basis of the applicable law, in mediation the parties themselves resolve the dispute with the help of the mediator on the basis of their personal needs or business interests. Another important difference should not be overlooked, namely that court and arbitration proceedings follow a strictly formal procedure laid down in law or rules, whereas in mediation there is an informal and flexible procedure which is modelled and individualised according to the needs of the parties and the type of dispute respectively.

The advantages offered by the mediation procedure are significant in number and can be structured as follows:

1.Speed of outcome – this is one of the main advantages of mediation compared to court proceedings in particular. The parties can usually reach a mutually beneficial solution within 1-2 sessions, which would not take more than a month. Conversely, if the dispute is taken to court, it can take a considerable period of time to consider and resolve.

2.Lower financial cost – resolving the dispute in mediation would cost much less financially than court proceedings;

3.Convenience – no formal procedures;

4.Control – the parties have overall control over the development of the procedure;

5.High success rate and getting to the heart of the problem;

6.Preservation of alternative options – referring the dispute to a mediator does not deprive the parties of the possibility, if they fail to reach an agreement, to seek protection of their rights and interests in court or in arbitration;

7.Preservation of relations – resolving the dispute in mediation allows the parties to preserve good relations and continue their cooperation;

Most likely, after clarifying the nature of mediation, the question arises: How can mediation work in transport? The answer is clear – mediation is widely applicable in the transport sector as it would help to resolve the conflicts that inevitably arise on a daily basis. In view of the dynamics of the transport industry, mediation is the means by which disputes arising can be resolved in a quick, efficient and above all cost-effective manner.

Furthermore, business relations in transport are very important and as such should be preserved for the future. A mediator would help the two disputing parties to confront the problem, generate as many solutions as possible in the interests of the parties, find the balance in the demands of both parties so that they can reach a mutually beneficial solution and continue to cooperate with each other, rather than worsen their relationship as happens most often in litigation.

And what is the value for companies? Mediation gives a lot – companies reach quick and efficient solutions in line with their direct business interests – a very important circumstance in view of the dynamics in the transport industry. Mediation saves a lot of costs – a definite plus in view of the difficult economic situation we are in. Last but not least, mediation helps the parties to maintain good relations with each other and to continue working together – this fact also has a positive impact on the economic situation of the companies.

Mediation is best suited to the dynamics of the logistics industry. The latter requires quick, effective and forward-looking solutions, and mediation is able to help the parties themselves reach precisely such solutions.

What are the dangers and prevention opportunities for carriers when carrying cargo to the UK?

What are the dangers and prevention opportunities for carriers when carrying cargo to the UK?

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very month there are thousands of attempts by illegal immigrants to gain unauthorized access to vehicles en route to UK. Keeping your vehicle and trailer secure against stowaways can be a challenge. If the UK Border Force or Customs discovers immigrants in one of your vehicles, you may face a heavy fine up to up to £2,000 per illegal entry. Furthermore, your cargo is valuable. If clandestine entrants enter your vehicle, they may cause damage to the cargo, and its recipient may reject it. This can cause more complications, prolonged discussions and it may jeopardize successful business relations.

There are important pillars that every transport company should focus on when performing transport courses in and outside United Kingdom. Not only the overall safety of the driver and the freight can be increased, but carriers also have to act in compliance with all guidelines and requirements, the following key points should be considered:

1.Secure loading and unloading🧳

Those in control of loading / unloading operations, should check the vehicle prior departure. When possible, drivers should aim to park at secure facilities and always check for cuts or tears in the outer shell or fabric of the vehicle.

2.Vehicle security checklists and written instructions for the drivers 🗐

All drivers should have, and consistently use vehicle security checklists. Ideally the operators should fill their check list three times a day from the day of the loading. You can print an appropriate security checklist directly from the government site

📑LINK TO FREE SAMPLE CHECKLIST 📑

3.Provide additional training to drivers🏫

 All drivers should have an adequate training that covers processes, including what to do if they find any clandestine entrants on board. Their training should cover truck security, vulnerable spots on their vehicle and how to use the checklist correctly.

4.Provision of the right equipment🔧

Security devices, such as padlocks, seals and tilt cord, should be used to secure a vehicle as soon as it is loaded. This prevents stowaways from climbing on board once a loaded truck is left unattended. Security equipment should be checked at regular intervals.

5.Regular Checks✔️

Drivers should check their vehicle at the end of every stop and before they cross a border. If a driver suspects someone is attempting to enter their vehicle or has entered their vehicle, they should contact local police as soon as it is safe to do so. Drivers should not attempt to approach the stowaway themselves.

6.Accreditation scheme📝

Companies can join an accreditation scheme to help reduce penalties. To qualify they must have an effective security system for their vehicles and be in complete compliance with all requirements.

The Civil Penalty Code of Practice is an important document for all hauliers and truck drivers to read. You can download it from here:

ENGLISH

BULGARIAN

How can you defend against a civil penalty? 🛡️

If clandestine entrants are found in your vehicle after arriving in the UK, you and your company may receive a Notice of Liability to a Penalty IS11 Letter form Border Force. At this stage, no decision has been made regarding the imposition of any penalty. You now have 28 days from the date of the letter to respond and present your justifications and prove that you did not know or did not have reasonable grounds to suspect that a clandestine entrant was hidden in the vehicle and that you had secure systems in place which were properly operated at the time of the breach.

If you don’t manage to convince Border Force and find yourself in this unfortunate position, you will receive a second letter Notice of Penalty and an IS11 Form. This will tell you how much you are being fined and will invite you to file a Notice of Objection to Border force.

If after filing the Notice of Objection, the Border Force’s decision is still unfair, your only option is to appeal this to the County Court. You should make an appeal on Form N161 and pay court fee when sending your appeal. Judge will review your case and will make a decision whether the fine was properly imposed on you. The judge can diminish the fine or even abolish it completely, hence it is crucial to guarantee that your case is properly presented.

It is a difficult and expensive problem to resolve that’s why having a reliable and trustful guidance determines the course of events. Our company Claims Trans have advanced experience in the communication with key institutions and leads the process with agility, diligence and resilience. We know how to navigate the situation through whatever obstacle comes your way due to various cases we have represented. Our goal is to give you not only a quality and effective service but peace and vindication of right.