A signed agreement is final

One of the attractions of mediation is that those involved in a dispute reach resolution and end it in a legally binding agreement, often a Tomlin order. The recent case of Johal v Elm Property Finance Ltd, decided by May J on 13 March 2018, had to consider the circumstances in which a Tomlin order […]

Greece Introduces Compulsory Mediation – by David Watkinson

Introduction       In 5th century BC Athens, the laws of the city were inscribed on pillars, originally made of wood, later of stone. An orator at a trial, therefore, wishing to refer the jury of citizens to the law (for it was not the role of the presiding magistrate to do so) literally pointed to […]

Dispute Systems Design (DSD) – ADR activism

DSD isn’t new. William Ury and colleagues in Harvard over 35 years ago developed a new possibility of resolving industry disputes based on mutual interests.  On 8th February 2018 at Kings College, Dr Diego Faleck described the practical impact of designing a relatively recent dispute resolution system in Brazil following the plane crash on 17 July 2007 in which 199 people tragically […]

Mediation competitions encourage confidence

The Civil Justice Council’s ADR Working Party produced its ADR Interim Report last October, appropriately during Mediation Awareness Week. Within the Report is the recognition that there is a challenge to make ADR ‘culturally normal’. One way of trying to achieve this is to ensure that today’s students – including law students – are very […]

ADR and Civil Justice

Mediation Awareness Week (MAW), in case you missed it, happened between 14th – 20th October. This was its second year and it included a range of events across a number of sectors listed here. For example the panel of speakers at the Medical Mediation Foundation event looked at the ethics as well as the practicalities of […]

Is it time for our own Mediation Act?

Catrin Lewis of Garden Court Mediation reflects on progress in Ireland to put mediation on the statute book. The UK as a member of the EU has been required to comply with the European Mediation Directive 2008/52/EC in respect of cross-border disputes since 2011 and the Civil Procedure Rules contain enforcement provisions as well as […]

Enforcement and dispute resolution: post-Brexit

Helen Curtis of Garden Court Mediation comments on enforcement and dispute resolution post-Brexit. While this blog is primarily about mediation, it is interesting to note methods of dispute resolution wherever they occur. Even if mediation is not the dispute resolution mechanism of choice, the skills associated with mediation can usefully underpin a dispute resolution process. […]

Mr Justice Francis: when mediation would be of benefit

The chronology of what will happen to Charlie Gard’s life has provoked strong reactions from many quarters. This post does not deal with the substantive and important issues of Charlie’s life but more with the suggestion made by Mr Justice Francis on 11th April 2017 and reiterated on Monday 24th July 2017 as to how mediation may be helpful […]

The Court of Appeal speaks again: Gore v Naheed

By David Watkinson, Garden Court Mediation. In May this year I blogged about the case of Thakkar v Patel [2017] EWCA Civ 117 as an example of a case in which the Court of Appeal was encouraging parties to mediate their dispute or face serious cost consequences [Mediation? “Get on with it” says the Court of Appeal].

Objections to Choosing Mediation

“Why do people choose to ask a neutral third (Judge or Arbitrator) to make a decision for them in a dispute, rather than choose to make a decision for themselves in a negotiation, mediated by a neutral third (Mediator)?” What is it that fundamentally causes people to choose to take the risk of litigation and […]