“Why do people choose to ask a neutral third (Judge or Arbitrator) to make a decision for them in a dispute, rather than choose to make a decision for themselves in a negotiation, mediated by a neutral third (Mediator)?” What is it that fundamentally causes people to choose to take the risk of litigation and […]
For some time courts at all levels have sought to encourage parties to mediate or, at least, show that mediation has been seriously considered by imposing costs sanctions in the event of failure to do so. The case of Thakkar v Patel  EWCA Civ 117 (Jackson LJ, Briggs LJ) is a recent example which applies to claimants and defendants alike.
The way litigation is approached is set to shift. The significant proposals emanating from Lord Justices Briggs’ Civil Courts Structure Review and the outcome of Lord Justice Jackson’s Review of Fixed Recoverable Costs are creating waves. Attention may soon be placed on forms of dispute resolution other than the court process, in particular mediation. A recent example […]
Ireland has taken a significant step towards bringing mediation within the remit of its statute book. The Mediation Bill 2012 which emerged from Ireland has now been superseded by its Mediation Bill 2017 and sets out a statutory framework for the future of mediation. Just because it’s a Bill, does not mean mediators have to be […]
Mediator David Watkinson examines the judgment of Master Howarth in Savings Advice Ltd and Anr (Claimants) v EDF Energy Customers PLC (Defendant) SCCO Ref :PHW 1604049 given at the conclusion of a contested costs hearing.
Thanks to all today’s panellists for a stimulating and revealing afternoon facilitated by Helen Curtis at Garden Court Chambers. Eileen Carroll QC (Hon), Graham Ross and Stephen Walker spoke about the pressure of being a client, the responsibility of making a possibly life-changing decision during mediation and the need to know beforehand what you want out of […]
Most people who find themselves in a dispute want to find a solution as quickly, cheaply and easily as possible. Litigation is rarely that solution: disputes can take over parties’ lives and the cost is high, in terms of money, time and wellbeing. Whatever the value or the complexity of the dispute, it is likely […]
The Christchurch experience made graphic sense of this year’s title for the annual Civil Mediation Council (‘CMC’) conference. Geoff Sharpe from New Zealand set out the role of mediation following the Christchurch earthquake in 2010. Disputes had arisen between home owners and insurers and focused on whether property would be restored or completely rebuilt. Undoubtedly […]
Or, ‘It’s Litigation, but not as we know it’. The Civil Courts Structure Review (CCSR), being conducted by Lord Justice Briggs is currently in a further phase of consultation. The Interim Report, already thorough, presents a picture of the potentially digitised future where courts are paperless, lawyers less evident and ADR still exists.
“How dare you suggest mediation?? Why should I? Don’t you know the other side is blatantly in the wrong?” This is what parties in dispute sometimes say. The hike in court fees hasn’t necessarily made mediation more appealing. The Court is however continuing to communicate its disapproval of a party’s conduct where it ignores or refuses a request to mediate. Master Simons made […]