“To remain in conflict with another defies rational scrutiny; to continue in a commercial dispute resists economic analysis” (Strasser and Randolph). Abigail Holt considers the extent to which human beings are – as The Times journalist, Caitlin Moran has suggested – “a problem-solving species”. If you were a problem-solving human looking to devise a public system to solve […]
Mediation and the Court of Protection
The extent of mediation’s use in the Court of Protection (CoP) is something of an unknown. A practitioner-led mediation scheme is currently being piloted, providing access to highly skilled mediators at legal aid rates and Dr Jaime Lindsey is currently carrying out the independent evaluation of it. The Office of the Public Guardian also recently carried […]
Confidentiality – Seamless or a Thing of Shreds and Patches? By David Watkinson
Silence Glistens No More
David Watkinson considers the cost implications of not engaging with an invitation to mediate as decided by Mr Justice Griffiths in DSN v Blackpool Football Club [2020] EWCA 670 (QB) Introduction A number of blogs on this site have dealt with the costs consequences of failing to engage with mediation. The law has developed incrementally putting […]
Mediation – It’s real value
Lock down is challenging in many ways. For some it provides too much time to dwell on unresolved disputes which drain energy and take up headspace. Mediation has been and still is available online and may offer you the opportunity to explore a lasting resolution. Grasping the nettle of grievance is not diminished by the […]
JUSTICE – Solving Housing Disputes and Mediation
The normalisation of mediation
The ‘Go to Mediation’ project produced a youtube of how a dispute between Santa and the Elves can escalate – and with mediation, resolve. Its context is seasonal, the message is straight-forward; mediation provides a quicker, cheaper and less stressful, confidential process compared with litigation at court.
Civil and commercial mediation, is it time for a radical overhaul?
Kate Aubrey-Johnson explores what we can learn from the use of mediation in Special Educational Needs and Disability (SEND) Disputes As all practising lawyers are aware, mediation provides a mechanism for resolving legal disputes. However, all too often, mediation is only considered once parties have embarked on litigation. In my experience, the earlier a dispute can […]
Mediation pilot – Court of Protection
On 1st October 2019, a nationwide mediation pilot was launched to run for approximately 18 months for cases which have been issued in the Court of Protection. This was foreshadowed earlier in the year at the Roundtable event. Dr Jaime Lindsey of the University of Essex will lead the independent, formal evaluation of how Court […]
Mediation – a comparative Review
The Scottish Government – Judicial Analytical Services specifically – has undertaken a Review of evidence on mediation in civil justice systems from USA and Canada to Australia via Ireland, England and Wales. The purpose was to better understand the ‘international landscape of mediation, its operation and effectiveness’. Co-incidentally or not, there is now a proposed […]
