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 […]
AGREEING TO MEDIATE – BETTER LATE THAN NEVER
A signed agreement is final
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 […]
Greece Introduces Compulsory Mediation – by David Watkinson
Dispute Systems Design (DSD) – ADR activism
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 […]
Mediation competitions encourage confidence
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 […]
ADR and Civil Justice
Mediation Awareness Week (MAW), in case you missed it, happened between 14th – 20th October. This was its second year and it included a range of events across a number of sectors listed here. For example the panel of speakers at the Medical Mediation Foundation event looked at the ethics as well as the practicalities of […]
Is it time for our own Mediation Act?
Catrin Lewis of Garden Court Mediation reflects on progress in Ireland to put mediation on the statute book. The UK as a member of the EU has been required to comply with the European Mediation Directive 2008/52/EC in respect of cross-border disputes since 2011 and the Civil Procedure Rules contain enforcement provisions as well as […]
Enforcement and dispute resolution: post-Brexit
Helen Curtis of Garden Court Mediation comments on enforcement and dispute resolution post-Brexit. While this blog is primarily about mediation, it is interesting to note methods of dispute resolution wherever they occur. Even if mediation is not the dispute resolution mechanism of choice, the skills associated with mediation can usefully underpin a dispute resolution process. […]
Mr Justice Francis: when mediation would be of benefit
The chronology of what will happen to Charlie Gard’s life has provoked strong reactions from many quarters. This post does not deal with the substantive and important issues of Charlie’s life but more with the suggestion made by Mr Justice Francis on 11th April 2017 and reiterated on Monday 24th July 2017 as to how mediation may be helpful […]
