It’s ironic that the decision whether or not to mediate can give rise to more litigation, this time over costs where the Claimants resisted the Defendant’s desire, having won, for his costs to be paid on an indemnity basis. In (1) Jane Laporte (2) Nicholas Christian v Commissioner of Police of the Metropolis EWHC 371 QB, Mr Justice […]
Often parties will agree to stay proceedings for 2 or 3 months in order for mediation to be explored. This may be at the behest of one of the parties or prompted by a judge who views the case as being suitable for mediation. Now Mr Justice Coulson in CIP Properties (AIPT) Ltd v Galliford Try Intrastructure […]
Here is another judicial endorsement to those already embarked on court proceedings to refer to the ADR Handbook, to remind parties of the risk of refusing to mediate and consider the issue of costs if an offer to mediate is not taken up.
Many disputes, suitable for mediation, are over the ownership of land and use of and access to space. Boundaries which aren’t agreed, communal areas accommodating diverse interests, levels of noise between proximate buildings all trigger strong emotional responses. The people on either side of the fence – literally – perhaps disputing the height of the […]
The ways in which we choose to communicate have expanded. People used to meet to speak and physically walk into a shop to buy goods. Now the telephone means voices are heard without faces and the internet allows us to shop from wherever we are. How easy though is it to resolve a dispute after an online […]
Liz Davies illustrates how refusing to mediate is frowned upon by judges and can lead to an indemnity costs order. Yet again, party punished for refusing mediation. In Garritt-Critchley & others v Ronnan, Solarpower PV Ltd  EWHC 1774 (Ch), HHJ Waksman QC ordered indemnity costs against the Defendants because of the Defendant’s refusal to […]
Mediators are described as independent, impartial and neutral. What does this mean?
Parties to most disputes are currently told that the mediation process is voluntary. And many volunteer not to explore the option further. However, the balance of voluntary participation in mediation is subtly changing. Recent government initiatives are said to be responses to the pressures on the court and tribunal system. Is this a creeping movement towards making […]
When the government sought to reduce civil legal aid expenditure by taking specific areas of law out of scope, it comforted itself that disputes could still be solved, but more cheaply, by the increased use of mediation. Since then the news has consistently reported an alarming reduction in the use of mediation, particularly family mediation. What’s going on?
So why is there less resort to mediation happening than might be expected, considering all the advantages? Because, as suggested by the article circulated by mediationworld this February, http://www.mediate.com/articles/GavrilaAbl20140207.cfm these advantages are less apparent to parties to a dispute (users) than they are to mediators and courts – and for good reason. This article is […]