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….
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.
Commercial and Civil Mediation
Blog by Dr Mary Malecka and Abigail Holt of the Garden Court Mediation Team The value of mediation to commercial and civil disputes is that it enables parties to reframe their dispute in a holistic fashion that takes into account the cost of litigation. This includes the personal emotional investment, and the prospect of successfully moving on from the dispute, […]
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.
Researching Mediation of Medical Treatment Disputes
Dr Jaime Lindsey, currently Senior Lecturer in Law at the University of Essex (soon to be Associate Professor of Law at the University of Reading) is leading this research project to enable in-depth analysis of the use of mediation to resolve medical treatment disputes. Funded by an ESRC New Investigator Grant, the core aim of […]
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 […]