Abigail Holt here discusses her recent mediation experience and draws comparisons with the European perspective.
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.
Mandatory Mediation – The Churchill Case – The end of a beginning?
In this blog, David Watkinson considers the judgment of the recent case of Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 and its impact.
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
In this blog David Watkinson considers the review of the Mediation Pilot which had been put in place to deal with possession claims post-pandemic.
Welcome to your AI mediation!
Margaret Doyle considers the potential impact on AI for mediators now and for the future.
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