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Useful articles on mediation
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 …