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. …
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 …
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 …
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 …
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 …
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 …
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 …
Practitioners are taught that there are certain things that are part of the mediation process, one of which is the exchange of position statements. There is however no legal or …
If you do not mediate in a case in which you are involved as a result of your previous solicitor’s negligence, can this be treated as a failure to mitigate? …
Parties to major building projects have openly discussed the effectiveness of signing up in advance to their own agreed form of alternative dispute resolution, rather than relying on adjudication or …