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? …

Changing trends in mediation?

Jacqui Joyce Trends 0 Comments

Jacqui Joyce looks at the latest mediation surveys by CEDR and the Civil Mediation Council. The Seventh Biannual Mediation Audit was released this month and shows some interesting changes to the trends of past years. The market The current survey estimates 10,000 cases per annum, just a slight increase on the 9,500 in 2014. It also reports that 70% of …

Reference to a party’s refusal to mediate in statement of case struck out

Jacqui Joyce Law 0 Comments

A reference in a Reply, to the defendant refusing to mediate, was struck out. It breached the rule against disclosure of without prejudice correspondence. (R (Wildbur) v Ministry of Defence [2016] EWCH 821 (Admin) , Cranston J). Background The Claimant made an application for judicial review and proposed mediation. In granting permission for that review Holman J said: ‘I urge …

CEDR / CMC Mediation audit 2016

Jacqui Joyce Trends 0 Comments

Have your say as a user of mediation services. The CEDR Mediation Audit for 2016 has just been launched with separate questionnaires for mediators and for lawyers who represent parties in mediation. This feedback is used to inform the mediation industry as to trends and developments in the ADR world and includes questions about lawyers’ personal mediation experience, as well …