Mediation in the Middle Ages

Two years ago David Watkinson wrote about mediation in the Anglo-Saxon period. Now, he considers mediation in a different historical context and highlights some comparisons between mediation then and now.

The Costs Consequences of Refusing Mediation – Are the Courts Going Soft on Sanctions?

Introduction This month David Watkinson reflects on the case-law he has described previously in his blogs on this topic and notes that a reader could have drawn the conclusion that any proposal to mediate had better be complied with or costs consequences will follow. However, more recently, David finds the approach, particularly at High Court […]

Mediation – the human element

Helen Curtis reflects on research into how mediation works for people who lack mental capacity. Mediation exists as a process through which the parties in dispute can engage in joint problem solving and decision-making with the aim of facilitating a resolution. In cases where the dispute concerns ‘P’, a person who lacks mental capacity to […]

Where would mandatory mediation take parties?

Margaret Doyle explores questions to be asked about the latest proposals for mediation to be mandatory in small claims in England and Wales. ‘…mediation is in the crucible of politics, economics, professional interests and ideological debate. In this context it is no surprise that it takes on many shapes, forms and value orientations.’ This quote, […]

When Mediation Did = Dispute Resolution

In 1972 David Watkinson, while a pupil of Lord Anthony Gifford in Cloisters, met Stephen Sedley with whom Lord Anthony shared a room. Here, David considers the origin of dispute resolution and traces it back further than you may think.

Take it or leave it?

Claims for unpaid leave likely to have more takers after the decision of Smith v Pimlico Plumbers says Abigail Holt