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 …

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 …

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 …

Using mediation to negotiate contracts

Jacqui Joyce Trends 0 Comments

It now appears to be accepted by the vast majority of professionals that mediation is a cheap, quick and effective way to settle disputes. I have long held the view that this process could also be applied to the negotiation of contracts. One area where I have seen this work is in lease renewals under the Landlord & Tenant Act …

The current state of mediation

Jacqui Joyce Trends 0 Comments

The Centre for Effective Dispute Resolution (CEDR), in June, published its Sixth biannual audit of the mediation profession and the lawyers that instruct them. The market It is estimated that the current size of the market is in the order of 9,500 cases per annum. This is a year on year increase of about 9% from 2012, although the pace …

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 …

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 …