Mandatory Mediation – The Rules They Are A-Changin’

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 […]

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, […]

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 […]

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 […]