The Government’s announcement in April 2019 of an intention to revise the 50-year-old legalities surrounding divorce proceedings has been met with a sense of cautious optimism.
In Singapore, the Singapore Mediation Centre (SMC) has dealt with over 4000 mediations since it opened in 1997 and construction disputes currently make up around 40% of the cases heard there each year. In March 2019, the Singapore Construction Mediation Centre (SCMC) was set up by the Singapore Contractors Association in response to demand from […]
David Watkinson examines proposals to establish a Housing Complaints Resolution Service (HCRS) as put forward by the Government Introduction The recent Mediation World newsletter included an article by Bill Marsh (8/2/2019) headed “Housing dispute resolution proposals will impact developers” (and landlords as it appeared). A planning law expert was quoted as describing the proposals as […]
David Watkinson looks at the Civil Justice Council’s report dated November 2018 Introduction Last December (2018) the Civil Justice Council published “ADR and Civil Justice” – the Final Report of its ADR Working Group. The 6 man (I mean that) group included 3 practising mediators, one being the Chair, and are all persons of distinction. […]
Mediation, as mediators are very well aware, relies on agreement. Agreement is central to the process, from the initial agreement to mediate to, we hope, finalising the details of a Mediation Agreement. One of the powerful attractions of mediation is the parties’ control over the terms of any agreement reached, as opposed to handing control […]
Background The latest twist in the issue of cost consequences for a party which has refused a proposal to mediate a dispute has been played out in a specific ruling on costs by Mr Justice Arnold in Shakir Ali and Anr v Channel 5 Broadcast Ltd  EWHC 840 on 28th April 2018.
One of the attractions of mediation is that those involved in a dispute reach resolution and end it in a legally binding agreement, often a Tomlin order. The recent case of Johal v Elm Property Finance Ltd, decided by May J on 13 March 2018, had to consider the circumstances in which a Tomlin order […]
Introduction In 5th century BC Athens, the laws of the city were inscribed on pillars, originally made of wood, later of stone. An orator at a trial, therefore, wishing to refer the jury of citizens to the law (for it was not the role of the presiding magistrate to do so) literally pointed to […]
DSD isn’t new. William Ury and colleagues in Harvard over 35 years ago developed a new possibility of resolving industry disputes based on mutual interests. On 8th February 2018 at Kings College, Dr Diego Faleck described the practical impact of designing a relatively recent dispute resolution system in Brazil following the plane crash on 17 July 2007 in which 199 people tragically […]
The Civil Justice Council’s ADR Working Party produced its ADR Interim Report last October, appropriately during Mediation Awareness Week. Within the Report is the recognition that there is a challenge to make ADR ‘culturally normal’. One way of trying to achieve this is to ensure that today’s students – including law students – are very […]