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Useful articles on mediation
Top Tips for Joint Meetings
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 …
Changing trends in mediation?
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 …
Reference to a party’s refusal to mediate in statement of case struck out
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 …
CEDR / CMC Mediation audit 2016
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 …
Time to rethink position statements?
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 …
Failure to mediate – failure to mitigate?
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? …
ADR clauses in contracts
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 …
Using mediation to negotiate contracts
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 …
Positions and interests
The overall aim of a mediation is to reach a settlement. The strategy that the mediator will use will depend on whether he or she is an ‘evaluative’ mediator or …
Compulsory mediation for neighbour disputes!
The judge in this latest case (Bradley v Heslin) started off the judgment with the following words: “Rather to my surprise I find myself trying a case about a pair …