Silence Glistens No More

David Watkinson considers the cost implications of not engaging with an invitation to mediate as decided by Mr Justice Griffiths in DSN v Blackpool Football Club [2020] EWCA 670 (QB) Introduction A number of blogs on this site have dealt with the costs consequences of failing to engage with mediation. The law has developed incrementally putting […]

Mediation – It’s real value

Lock down is challenging in many ways. For some it provides too much time to dwell on unresolved disputes which drain energy and take up headspace. Mediation has been and still is available online and may offer you the opportunity to explore a lasting resolution. Grasping the nettle of grievance is not diminished by the […]

Family Mediation Council – survey results

The results of the 2019 Family Mediation Council survey have recently been released and provide useful contextual information, both for mediators and those wishing to engage in family mediation.

The normalisation of mediation

The ‘Go to Mediation’ project produced a youtube of how a dispute between Santa and the Elves can escalate – and with mediation, resolve. Its context is seasonal, the message is straight-forward; mediation provides a quicker, cheaper and less stressful, confidential process compared with litigation at court.

Civil and commercial mediation, is it time for a radical overhaul?

Kate Aubrey-Johnson explores what we can learn from the use of mediation in Special Educational Needs and Disability (SEND) Disputes As all practising lawyers are aware, mediation provides a mechanism for resolving legal disputes. However, all too often, mediation is only considered once parties have embarked on litigation. In my experience, the earlier a dispute can […]

Mediation pilot – Court of Protection

On 1st October 2019, a nationwide mediation pilot was launched to run for approximately 18 months for cases which have been issued in the Court of Protection. This was foreshadowed earlier in the year at the Roundtable event. Dr Jaime Lindsey of the University of Essex will lead the independent, formal evaluation of how Court […]

Ordering ADR – the Early Neutral Evaluation case

Introduction Earlier this year (February 2019) I gave a brief summary of themes arising out of the Final Report of the Civil Justice Council’s ADR Working Party “Alternative Dispute Resolution and Civil Justice“ (December 2018). The first topic was whether the courts should be able to order ADR/mediation as a precondition for any further step in […]

Legally Binding Agreements

Three pieces of news before autumn: heads of terms agreed at a mediation were found to constitute a legally binding contract between the parties in the Abberley case; the Legal Ombudsman (LeO) is running a ‘proof of concept’ pilot as it decides whether to introduce formal mediation as one of its routes to dispute resolution […]