“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 […]
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 […]
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 […]
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 […]
Introduction What happens at a mediation stays in the mediation (except so far as necessary for enforcement of the settlement).
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  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 […]
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 […]
David Watkinson considers the proposals which suggest a new emphasis in the resolution of housing disputes.
Margaret Doyle is a SEND-accredited mediator and a Visiting Research Fellow with the University of Essex School of Law and is our guest blogger for February 2020.
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.