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.
Mediation Uncovered!
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 […]
Mediate your Dispute!
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 […]
CMC Annual Conference: ‘Meeting Needs, Making Life Better’
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 […]
Lord Justice Briggs’ CCSR: Interim Report – The Digitised Future
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.
Refuse to mediate? “How very dare you”.
“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 […]
Is Mediation part of your written grievance procedure?
PGF applied again – Don’t ignore a request to mediate!
Legal Ombudsman may become a certified ADR entity
The Legal Ombudsman is currently consulting on the important issue of modifying its Scheme Rules in order to become a certified ADR entity under the ADR Directive. The consultation closes on 2nd November 2015 and it prompts questions about the provision of ADR and the role of the Legal Ombudsman. The proposals and consultation are within this link.
