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 […]
Northrop Grumman Mission Systems Europe Ltd v BAE Systems (Al Diriyah C4i) Ltd
Agreeing not to meet in mediation
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 […]
ODR and ADR – Are we ready?
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 […]
Refuse mediation? Be prepared to pay
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 [2014] EWHC 1774 (Ch), HHJ Waksman QC ordered indemnity costs against the Defendants because of the Defendant’s refusal to […]
Mediators’ Neutrality
Mandatory Mediation – will it work?
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 […]
LASPO 1 year on – where’s Mediation now?
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?
David Watkinson reflects on ‘What went wrong with Mediation?’
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, https://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 […]
