David Watkinson reflects on the reality of whether mediation privilege exists, and the differences between confidentiality and ‘without prejudice’, in the context of negotiations. Introduction All mediators are familiar with the principle that what is said or done in the course of a mediation stays in the mediation. Any body involved in a mediation process […]
Beware the phenomenon of the Judge-led mediation….
Mediation in the Middle Ages
Commercial and Civil Mediation
Blog by Dr Mary Malecka and Abigail Holt of the Garden Court Mediation Team The value of mediation to commercial and civil disputes is that it enables parties to reframe their dispute in a holistic fashion that takes into account the cost of litigation. This includes the personal emotional investment, and the prospect of successfully moving on from the dispute, […]
The Costs Consequences of Refusing Mediation – Are the Courts Going Soft on Sanctions?
Introduction This month David Watkinson reflects on the case-law he has described previously in his blogs on this topic and notes that a reader could have drawn the conclusion that any proposal to mediate had better be complied with or costs consequences will follow. However, more recently, David finds the approach, particularly at High Court […]
Possession Claims Mediation Pilot Re-thought
Welcome to your AI mediation!
Researching Mediation of Medical Treatment Disputes
Dr Jaime Lindsey, currently Senior Lecturer in Law at the University of Essex (soon to be Associate Professor of Law at the University of Reading) is leading this research project to enable in-depth analysis of the use of mediation to resolve medical treatment disputes. Funded by an ESRC New Investigator Grant, the core aim of […]
