Confidentiality/Mediation and the Courts……something lingering

Introduction David Watkinson considers recent developments concerning two issues on which he has previously blogged. First, the Court of Appeal’s decision in Berkeley Square holdings Ltd v Lancer Property Management Ltd and second, the ongoing debate about the value of mediation being made mandatory.

Mediation Pilots – where will they land?

‘When you go to the airport to fly off for your holiday, do you insist on flying the plane?’. This question was recently posed in a different context but prompted me to think about the current mediation pilots, what is driving them and where will they land. The Oil & Gas Authority (‘OGA’) pilot scheme aims […]

THE HOUSING MEDIATION PILOT

Marina Sergides examines the constraints within which a new mediation pilot will operate. Mediation has a role to play in almost every area of law and can be of great benefit to all parties involved; this includes the field of housing. The housing mediation pilot, introduced on 1 February 2021 to ease the possession claims […]

Disputes with an international dimension

Mediation: When the law encourages litigants to take the law into their own hands! By Abigail Holt We all intuitively understand the laws of nature, sod‘s law and the law of the jungle, but the reason that lawyers, judges and the complex, expensive infrastructure that accompanies them exists, is that individuals, organisations, companies, and even […]

The Balance of Power – the right to a lawyer at mediation

Kate Aubrey-Johnson considers the recent case of L Kumar v LB of Hillingdon [2020] EWHC 3326 (Admin) and its implications for SEND mediation in which Mrs Justice Collins Rice said, ‘Local authorities have huge powers over the lives of families with children who have special needs, making decisions with potentially lifelong consequences. Where parents are […]

Generalist or specialist Mediator? By Dr Mary Malecka

It is harder to be a facilitative mediator when one has specialist knowledge in the field.  It is harder to stand back and divest oneself of that specialist knowledge and listen to what is being said without filtering it through one’s own knowledge and views of the subject of the mediation. Evaluative mediation, adjudication, and […]

Mediation – the rational alternative

“To remain in conflict with another defies rational scrutiny; to continue in a commercial dispute resists economic analysis” (Strasser and Randolph). Abigail Holt considers the extent to which human beings are – as The Times journalist, Caitlin Moran has suggested – “a problem-solving species”. If you were a problem-solving human looking to devise a public system to solve […]

Mediation and the Court of Protection

The extent of mediation’s use in the Court of Protection (CoP) is something of an unknown. A practitioner-led mediation scheme is currently being piloted, providing access to highly skilled mediators at legal aid rates and Dr Jaime Lindsey is currently carrying out the independent evaluation of it. The Office of the Public Guardian also recently carried […]

Online Mediation – The Mediator’s Perspective

The Coronavirus pandemic, the government imposed ‘lockdown’ and the extraordinary changes imposed on our everyday lives by social distancing measures that have come to symbolise 2020 have required a revolution in the justice system. The response of the justice system has been immense and the move to ‘remote hearings’ appears to be a culture shift […]

Advantages to Choosing to Mediate a Civil or Commercial Dispute Remotely

Members of GCM have been successfully mediating by telephone for some time. It has been considered a second-best option where costs and distance prevented the preferred option of a face to face, three room mediation in attractive rooms in Chambers. Dr Mary Malecka posts how over the past few months it has become apparent, that […]