Experts at mediation

Alan Langleben Tips 0 Comments

Often parties in property disputes rely on experts of the same discipline and the experts are invited to the mediation. The question then is, what is the most effective way such experts can be used during the mediation? I have had a great deal of experience of this, and have discussed it with fellow mediators. Sometimes the two experts can …

Plebgate, Jackson, costs and mediation!

Gary Webber Law 0 Comments

When Andrew Mitchell MP got into a little fracas in Downing Street whilst pushing his bicycle, he could not possibly have conceived of the consequences. He lost his job, police officers have been dragged before Parliamentary Select committees, arrests are taking place and libel actions abound. In a new twist, the incident is playing a significant part in the working …

How to prepare, properly, for mediation.

Jacqui Joyce Tips 0 Comments

You think you have prepared well for the mediation – think again. Jacqui Joyce looks at what is actually helpful. The usual scenario Provide the mediator with all the documents you have, including every e-mail and file note setting out every detail. Include an in-depth analysis of the strengths of your legal position and all the back up evidence. Ignore …

The Perfect Mediation

Gary Webber Tips 0 Comments

I did a mediation last week that went like a dream. I’m not going to claim any credit – well not too much! It was the parties and their representatives that made it go so smoothly. The case concerned two brothers who had bought a house for themselves and their parents to live in. Subsequently one of the brothers married …

Justice Minister expounds the virtues of mediation

Alan Langleben Trends 0 Comments

In an interview with The Law Society Gazette, published on 12 August, Lord McNally, the minister at the Department of Justice, is reported as saying: “Mediation is usually quicker and cheaper than costly and stressful court battles, and regularly produces better outcomes that people are willing to stick with. We are determined to make sure more and more people make …

Pre-mediation meetings

Alan Langleben Tips 0 Comments

In some styles of mediation, particularly community mediation, it is usual for the mediator to meet the parties before the actual mediation. Some commercial mediators also have pre-mediation meetings. This does add some cost, but the results can be very positive. I had a case where the parties felt it would be helpful for me to visit the premises concerned, …

Solicitor’s duty at mediation

Alan Langleben Law 0 Comments

The Court of Appeal has ruled on a solicitor’s duty at mediation, in Frost v Wake Smith reported 19 June 2013. A party to a mediation complained that his solicitor had failed to ensure that an agreement made at the end of a long mediation was legally binding. The parties had agreed, in principle, on how to divide up what …

Joint sessions

Alan Langleben Tips 0 Comments

When mediators are trained and accredited, we are encouraged to have a joint session, if not at the beginning of, then at least early on in, the mediation. However experience shows that such sessions need to be carefully considered, and if they are to take place, carefully planned. Some mediations are successfully concluded without the parties meeting at all. Some …

The advantages of mediation

Jacqui Joyce Trends 0 Comments

With sea changes in the world of costs for litigating, brought into force in April 2013, parties would do well to remind themselves of the benefits of avoiding the courts and resolving their disputes via property mediation. Jacqui Joyce looks at the advantages of mediation. Preserving business relationships Property disputes are well suited to mediation. There is usually an on-going …