Online Mediation – The Mediator’s Perspective

The Coronavirus pandemic, the government imposed ‘lockdown’ and the extraordinary changes imposed on our everyday lives by social distancing measures that have come to symbolise 2020 have required a revolution in the justice system. The response of the justice system has been immense and the move to ‘remote hearings’ appears to be a culture shift […]

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 […]

Making Mediation Mainstream

The way litigation is approached is set to shift. The significant proposals emanating from Lord Justices Briggs’ Civil Courts Structure Review and the outcome of Lord Justice Jackson’s Review of Fixed Recoverable Costs are creating waves. Attention may soon be placed on forms of dispute resolution other than the court process, in particular mediation. A recent example […]

Mediate your Dispute!

Most people who find themselves in a dispute want to find a solution as quickly, cheaply and easily as possible. Litigation is rarely that solution: disputes can take over parties’ lives and the cost is high, in terms of money, time and wellbeing. Whatever the value or the complexity of the dispute, it is likely […]

When to mediate? It’s a judgment call

So says HHJ Pelling QC in Orientfield Holdings Ltd v Bird & Bird LLP  [2015] 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 […]

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 […]