It can pay to mediate

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

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 […]

AGREEING TO MEDIATE – BETTER LATE THAN NEVER

Background The latest twist in the issue of cost consequences for a party which has refused a proposal to mediate a dispute has been played out in a specific ruling on costs by Mr Justice Arnold in Shakir Ali and Anr v Channel 5 Broadcast Ltd [2018] EWHC 840 on 28th April 2018.

ADR and Civil Justice

Mediation Awareness Week (MAW), in case you missed it, happened between 14th – 20th October. This was its second year and it included a range of events across a number of sectors listed here. For example the panel of speakers at the Medical Mediation Foundation event looked at the ethics as well as the practicalities of […]

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 […]

Mediation Uncovered!

Thanks to all today’s panellists for a stimulating and revealing afternoon facilitated by Helen Curtis at Garden Court Chambers. Eileen Carroll QC (Hon), Graham Ross and Stephen Walker spoke about the pressure of being a client, the responsibility of making a possibly life-changing decision during mediation and the need to know beforehand what you want out of […]

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 […]

Refuse to mediate? “How very dare you”.

“How dare you suggest mediation?? Why should I? Don’t you know the other side is blatantly in the wrong?” This is what parties in dispute sometimes say. The hike in court fees hasn’t necessarily made mediation more appealing. The Court is however continuing to communicate its disapproval of a party’s conduct where it ignores or refuses a request to mediate. Master Simons made […]

PGF II SA v OMFS Company 1 Ltd – The Court of Appeal decides

Most litigants now know that silence is not golden. Could the defendant in PGF II SA v OMFS Company 1 Limited [2013] EWCA Civ 1288 have foreseen that the price of silence would have been over £500,000?  Time will tell how many litigants appreciate the potential cost of silence has just turned platinum.