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 […]

Mediation? ‘Get on with it’ says the Court of Appeal

For some time courts at all levels have sought to encourage parties to mediate or, at least, show that mediation has been seriously considered by imposing costs sanctions in the event of failure to do so. The case of Thakkar v Patel [2017] EWCA Civ 117 (Jackson LJ, Briggs LJ) is a recent example which applies to claimants and defendants alike.

Making Mediation Mainstream

The way litigation is approached is set to shift. The significant proposals emanating from Lord Justices Briggs’ Civil Courts Structure Review and the outcome of Lord Justice Jackson’s Review of Fixed Recoverable Costs are creating waves. Attention may soon be placed on forms of dispute resolution other than the court process, in particular mediation. A recent example […]

Legalising Mediation

Ireland has taken a significant step towards bringing mediation within the remit of its statute book. The Mediation Bill 2012 which emerged from Ireland has now been superseded by its Mediation Bill 2017 and sets out a statutory framework for the future of mediation. Just because it’s a Bill, does not mean mediators have to be […]

Confidentiality, Costs and Mediation

Mediator David Watkinson examines the judgment of Master Howarth in Savings Advice Ltd and Anr (Claimants) v EDF Energy Customers PLC (Defendant) SCCO Ref :PHW  1604049 given at the conclusion of a contested costs hearing.

Mediation Uncovered!

Thanks to all today’s panellists for a stimulating and revealing afternoon facilitated by Helen Curtis at Garden Court Chambers. Eileen Carroll QC (Hon), Graham Ross and Stephen Walker spoke about the pressure of being a client, the responsibility of making a possibly life-changing decision during mediation and the need to know beforehand what you want out of […]

Mediate your Dispute!

Most people who find themselves in a dispute want to find a solution as quickly, cheaply and easily as possible. Litigation is rarely that solution: disputes can take over parties’ lives and the cost is high, in terms of money, time and wellbeing. Whatever the value or the complexity of the dispute, it is likely […]