We welcome the news that the MoJ has announced a consultation on increasing the use of mediation in the civil justice system.
Amanda Bucklow has been using Zoom to conduct mediation for years. She considers the advantages and drawbacks, the impact of the coronavirus (COVID-19) pandemic, and tips on how to make the most of remote mediation.
Lawrence Kershen QC considers the role that a restorative justice dialogue might play in providing resolution to environmental harm.
We have all grown up with the belief and indeed desire that ADR, particularly mediation, should be an entirely voluntary process. The idea that a party can be dragged to a meeting to try to settle a case has generally been seen as likely to be unproductive, to increase cost and, quite possibly...
A familiar mediation mantra is that mediation is a voluntary process, with both parties wanting and being willing to use mediation to find a resolution to their dispute. It is generally thought that the voluntary element of mediation is crucial to the parties being willing to embrace the pro...
We are thrilled to announce that Legal 500 2020 has recognised 24 of our mediators as expert practitioners in the UK mediation market. Special mention must go to Rebecca Clark, Mark Shaw QC and Jane Gunn who have moved up the rankings.
Rather than confront conflict, family members tend to avoid it, or avoid each other, until something snaps. When it does, fallings out can be serious. But if you need help dealing with family business issues, there is an effective alternative to litigation, and one that usually gets disputes set...
Rebecca Attree is the contributing editor to this useful guide to current ADR practice in many jurisdictions in Europe and beyond.
How will the SMC fare over the next 50 years? Will it be utilised on a regular basis or will it be fall into an unused and unvisited vacuum of space in the dispute resolution framework?
Harry Spurr considers a recent High Court decision where the enforceability of Heads of Terms, signed at the end of a long mediation day, was considered.
Whether you call them mediation statements, summaries or position papers – as a client-user of mediation turned mediator, I remain confused about the purpose of a mediation summary. Often, this ill-defined document will comprise a précis of the written pleadings, a section on why that party i...
The CJC ADR Working Group published its much-anticipated Final Report on ADR last week. This Report is the result of over two years’ work in reviewing the existing forms of encouragement for mediation (and other suitable forms of ADR) and to consider how further use of ADR (excluding arbitra...