Apologies for blogblock recently. Not so much an exended summer, more holding our breath to see whether the rise in LIP (litigants in person) or SRL (self represented litigants) at courts around the country or the increase in the small claims limit to £10,000 is prompting an uptake of mediation. For civil disputes it’s difficult […]
In the latest issue of the Journal of Housing Law ( JHL Issue 4), Andrew Arden QC, the Journal’s Editor and well-known “godfather of housing law” (Chambers and Partners), tells us how his views on mediation have developed. In 2005 he was “a fairly cautious convert”, concerned that mediation might not be appropriate for housing […]
Being an advocate at a mediation requires a different approach and different skills to being an advocate at a trial or other hearing. The advocate is not there: to convince a judge or jury of his/her client’s case to present evidence, examine his/her client and witnesses and cross-examine the other party and his/her witnesses to […]
It may not be the most widely known fact: Her Majesty’s Revenue and Customs have officials who are specially trained as mediators. Maybe you already knew this? If you didn’t and you advise businesses it could be information worth passing on.
In the recent case of Frost v Wake Smith & Tofields Solicitors  EWCA Civ 772, the mediator was said to have “performed a small miracle in producing an agreement in principle which ultimately matured into a perfected agreement pursuant to which the brothers were able to disentangle their interests”. The Judge went on to […]
Mediation for civil disputes isn’t free unless one of the party’s has no means to pay and can access the free mediation service at LawWorks. Additionally there’s a court service which is accessible once a small claim is issued and both parties are willing to mediate. For other disputes, is it worth paying for mediation? Usually […]
Much has been written recently about the Government’s proposals to change the availability of legal aid. Some judges have identified the problems of the absence of legal aid for those who pursue litigation in person. After describing as ‘depressing’ the difficulties the judiciary find in dealing with litigants in person, Sir Alan Ward in the […]
Going to court may be the only way to resolve a legal dispute, where a party has a strong case and there is no room to negotiate. Similarly, legal proceedings will always be justified where legal advisers are unable to reach a settlement as the law is unclear or no legal precedent exists. In the […]