The ‘BB3 Strategy’ Approach to a Mediated Negotiation

Author: Dr Mary Malecka A few years ago it cost me an arm and a leg to go to Boston and spend a week at Harvard law school for the program on negotiation course. Now, post-pandemic, everything is available online, and I recently had a day with William Ury and a small cohort of other […]

When Mediation Did = Dispute Resolution

In 1972 David Watkinson, while a pupil of Lord Anthony Gifford in Cloisters, met Stephen Sedley with whom Lord Anthony shared a room. Here, David considers the origin of dispute resolution and traces it back further than you may think.

Take it or leave it?

Claims for unpaid leave likely to have more takers after the decision of Smith v Pimlico Plumbers says Abigail Holt

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.

The Balance of Power – the right to a lawyer at mediation

Kate Aubrey-Johnson considers the recent case of L Kumar v LB of Hillingdon [2020] EWHC 3326 (Admin) and its implications for SEND mediation in which Mrs Justice Collins Rice said, ‘Local authorities have huge powers over the lives of families with children who have special needs, making decisions with potentially lifelong consequences. Where parents are […]

Mediation – the rational alternative

“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 […]

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 […]

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 […]