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 […]

Mediation? ‘Get on with it’ says the Court of Appeal

For some time courts at all levels have sought to encourage parties to mediate or, at least, show that mediation has been seriously considered by imposing costs sanctions in the event of failure to do so. The case of Thakkar v Patel [2017] EWCA Civ 117 (Jackson LJ, Briggs LJ) is a recent example which applies to claimants and defendants alike.