The Costs Consequences of Refusing Mediation – Are the Courts Going Soft on Sanctions?

Introduction This month David Watkinson reflects on the case-law he has described previously in his blogs on this topic and notes that a reader could have drawn the conclusion that any proposal to mediate had better be complied with or costs consequences will follow. However, more recently, David finds the approach, particularly at High Court […]

It can pay to mediate

Helen Curtis explores the circumstances when the Legal Aid Agency (‘LAA’) will fund mediation in civil cases.

Confidentiality/Mediation and the Courts……something lingering

Introduction David Watkinson considers recent developments concerning two issues on which he has previously blogged. First, the Court of Appeal’s decision in Berkeley Square holdings Ltd v Lancer Property Management Ltd and second, the ongoing debate about the value of mediation being made mandatory.

Mediation Pilots – where will they land?

‘When you go to the airport to fly off for your holiday, do you insist on flying the plane?’. This question was recently posed in a different context but prompted me to think about the current mediation pilots, what is driving them and where will they land. The Oil & Gas Authority (‘OGA’) pilot scheme aims […]

THE HOUSING MEDIATION PILOT

Marina Sergides examines the constraints within which a new mediation pilot will operate. Mediation has a role to play in almost every area of law and can be of great benefit to all parties involved; this includes the field of housing. The housing mediation pilot, introduced on 1 February 2021 to ease the possession claims […]