Who determines the mediation process?

Gary Webber Tips 0 Comments

It is sometimes said that the parties are in charge of the content at mediation and that the mediator is in charge of the process. On the standard mediation training courses the novice mediators are taught that the mediation starts with a joint opening session, attended by everyone at which the parties introduce themselves, the mediator explains the process and …

Mediation v Litigation

Gary Webber Trends 0 Comments

Check out this superb EGi podcast in which our very own Jacqui Joyce goes head to head with Jonathan Seitler QC of Wilberforce Chambers on the merits of using mediation instead of litigation to resolve property disputes. In a debate that ranges from confidentiality and precedent setting to cost and efficiency, no stone is left unturned in exploring where the …

Down with Protocols!

Gary Webber Law, Tips, Trends 2 Comments

The Civil Justice Council has published an interim report on ADR in Civil Justice. They invite submissions on that report ahead of a final report to be submitted to Government. One of the topics discussed in the report is that of pre-action protocols (para 5.10 at page 25). The report states protocols “have undoubtedly influenced parties to exchange adequate information …

The Boundaries Bill again …

Gary Webber Law 4 Comments

In our last post on this topic Jacqui Joyce and Peter Bourke outlined the proposals in the Property Boundaries (Resolution of Disputes) Bill, which if enacted, will establish a system for determining boundary and rights of way disputes by adjudication by surveyors. In this post Gary Webber looks at how the Bill, if enacted, will affect mediation. Badly! Introduction Mediation …

Don’t drag your feet on mediation

Jacqui Joyce Law 0 Comments

Jacqui Joyce looks at a recent case which held that it is not enough for parties to agree to mediate. In order to avoid costs penalties they must actively get on with it and not ‘drag their feet’. There are vast amounts of cases punishing parties in costs when they unreasonably refuse to mediate. What happens when parties agree to …

Trust me – I’m a mediator!

Sue O'Brien Tips 0 Comments

It is fundamental to the success of a mediation that the parties trust the mediator. When parties come together for a mediation, trust has usually broken down, creating a huge barrier to any useful communication. If both are prepared to place their trust in the mediator and in the mediation process, communication can restart. A good mediator will earn the …

Boundary disputes and all that …

Jacqui Joyce Law 0 Comments

The Property Boundaries (Resolution of Disputes) Bill has recently cleared its second reading in the House of Lords. In this article Jacqui Joyce and Peter Bourke look at the proposals. Boundary disputes are seldom about “just” the boundary. There are often many underlying issues between the neighbours. How they can best be resolved is a matter of debate but most …

It’s good to talk – in advance of the day!

Sue O'Brien Tips 2 Comments

It is standard practice for mediators to telephone the parties’ representatives, and sometimes the parties themselves, before the day of the mediation. There is enormous value in beginning to build a relationship, in starting to talk about the case, the process and how people see the mediation developing. When I start to look at papers, having been appointed as a …

It’s not fair!

Gary Webber Tips 2 Comments

In this post Gary Webber considers the role that fairness plays in mediation. Two brothers had at one time been great friends. So much so that they bought a commercial property with the intention of running a business there together. Sadly, they fell out and into dispute. They agreed that the property should be sold but could not agree on …

Top Tips for Joint Meetings

Gary Webber Tips 0 Comments

Parties are often anxious about joint meetings, and try to avoid them. This is completely natural. It takes some courage to go into the room with the person with whom you are in conflict. Lawyers are often also wary of joint meetings. There is a natural fear of a loss of control. Will tempers flare? Will this set back the process? …