David Watkinson continues to reflect on the impact of Churchill and considers the impact of the recent change in the CPR. On the 1st October 2024, the Civil Procedure (Amendment No.3) Rules 2024 (SI 2024 No.839) came into force. They are set out at the end of this blog. They are the result of the […]
Beware the phenomenon of the Judge-led mediation….
Mediation in the Middle Ages
Mandatory Mediation – The Churchill Case – The end of a beginning?
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 […]
Possession Claims Mediation Pilot Re-thought
Welcome to your AI mediation!
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, […]
