In our modern age of fluidity, one wonders whether the question – ‘Are you a facilitative or evaluative mediator?’ – is pertinent anymore. Must a mediator identify with one or the other? Can a mediator worth his salt not be both?
Of course this telephone call never happened. But what mediator wouldn’t have imagined themselves at such an extraordinary and unprecedented summit? The case would have been markedly different to the usual sort of family dispute our mediators deal with. In fact ‘dispute’ would have been to...
Debate about the merits of joint session is unabated. Of course it may be helpful for the parties to meet, even if briefly, and a direct exchange of information is usually more efficient than by messages shuttled between rooms. But sometimes a plenary session can create more heat than light an...
Listening to the BBC's Today programme last week, Steve Baker MP, chair of the European Research Group (ERG) of Conservative Brexiteers, made a statement that made me wake up and pay attention. It was not the relevance of his words to the Brexit debate that struck me but rather their relevance...
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.
As many good hostesses will attest, thinking about who will - and won't - hit it off over dinner is one ingredient in planning a successful get together.
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.