Where would mandatory mediation take parties?

Margaret Doyle explores questions to be asked about the latest proposals for mediation to be mandatory in small claims in England and Wales. ‘…mediation is in the crucible of politics, economics, professional interests and ideological debate. In this context it is no surprise that it takes on many shapes, forms and value orientations.’ This quote, […]

The ‘BB3 Strategy’ Approach to a Mediated Negotiation

Author: Dr Mary Malecka A few years ago it cost me an arm and a leg to go to Boston and spend a week at Harvard law school for the program on negotiation course. Now, post-pandemic, everything is available online, and I recently had a day with William Ury and a small cohort of other […]

When Mediation Did = Dispute Resolution

In 1972 David Watkinson, while a pupil of Lord Anthony Gifford in Cloisters, met Stephen Sedley with whom Lord Anthony shared a room. Here, David considers the origin of dispute resolution and traces it back further than you may think.

Take it or leave it?

Claims for unpaid leave likely to have more takers after the decision of Smith v Pimlico Plumbers says Abigail Holt

Call for Evidence by 30 September 2021

The government is asking for people and organisations either within or outside of the court system to complete an online survey, or submit a response about dispute resolution mechanisms to Disputeresolution.enquiries.evidence@justice.gov.uk, by 30 September 2021. The government’s stated ambition is to mainstream non-adversarial dispute resolution mechanisms. The findings of the Call for Evidence will be […]

It can pay to mediate

Helen Curtis explores the circumstances when the Legal Aid Agency (‘LAA’) will fund mediation in civil cases.

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 […]