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.
“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 […]
Catrin Lewis considers the context, benefits and practicalities of incorporating mediation into written grievance procedures. This article was first published in the UK Mediation Journal in December 2015.
In a case for rent arrears of £6,000 and other claims on both sides, the legal costs amounted to £100,000 on one side and £85,000 on the other (NJ Rickard Ltd v Holloway & ors, CA (Civ Div) 03/11/15 unreported). The word disproportionate springs to mind.
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.
So says HHJ Pelling QC in Orientfield Holdings Ltd v Bird & Bird LLP  EWHC 1963 (Ch). When and on what basis an approach is made by one party to another to mediate is a judgment call. In this particular case there was an issue whether the failure to mediate may constitute a breach of the […]
Navita Atreya reflects on the information revealed concerning the number of migrants held in immigration detention and considers how mediation may address issues beyond compensation.
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.