The CJC and Compulsory Mediation?

Jacqui Joyce Trends Leave a Comment

The Civil Justice Council has published the final report of its Working Party on ADR which looks at all forms of ADR but predominantly mediation. In this article Jacqui looks at what they had to say about compulsory mediation and other ideas to encourage use of mediation. Compulsion v encouragement There is little support for anything amounting to ‘blanket, compulsory …

The Art of Negotiating Through a Mediator

Iain Travers Tips Leave a Comment

The role of a mediator is unique. He or she seeks to bring the parties together, without becoming a party to the process, whilst at the same time being intimately involved in the process. The parties may, however, sometimes see themselves as negotiating with the mediator. This is perhaps understandable. Apart from the joint opening session (if there is one), …

Communication for Optimum Results

Sue O'Brien Tips Leave a Comment

The parties in any dispute, and indeed their advisers, may have very different styles of communication.    For example,  high context communicators tend to illustrate what they are saying by using stories and metaphors and may appear to meander around the point. For them, the surrounding circumstances are important.   In contrast,  low context communicators favour direct and speedier communication of facts, …

CEDR Mediation Audit 2018

Jacqui Joyce Trends Leave a Comment

Jacqui Joyce looks at the most recent survey of mediators and lawyers. Every two years the Centre for Effective Dispute Resolution (CEDR) produces a survey of the civil and commercial mediation landscape. Contribution to the economy Excluding mega cases, it is estimated that the value of cases mediated each year is £11.5 billion (up from £10.5 billion in 2016), saving …

Try something different – Trust your client!

Sue O'Brien Tips Leave a Comment

The vast majority of lawyers are keen to take advantage of the opportunity the mediation process offers for a sane and sensible exit from a situation which, for any number of reasons, a client can find deeply worrying and hard to manage. There remain, however, some lawyers who approach mediations as quasi-trials. This may be through inexperience and lack of …

Who determines the mediation process?

Gary Webber Tips

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 Leave a Comment

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 …

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 Leave a Comment

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 Leave a Comment

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 …