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October 31, 2016

One of the reasons why parties can be reluctant to mediate is that they are put off by the idea of participating in a very formal structure. For some people, the thought of this can be as stressful as going to court.  The other significant worry for parties is whether...

July 11, 2016

The role of mediation in the resolution of civil disputes has grown enormously in recent years and is regarded as an almost compulsory preliminary step before going into a hearing as it is recognised as an effective method in enabling parties to find a compromise solut...

May 4, 2016

The European commission is currently reviewing the Mediation Directive 2008/52/EC [the Directive].  It carried out a public consultation in late 2015 which focussed on whether the Directive met its objectives and how effectively each provision has been implemented in E...

April 13, 2016

Everyone who has ever attended a mediation is familiar with the problem of the reluctant opponent, who doesn’t want to be there and can’t see why he isn’t in Court already.  Courts are increasingly robust about directing parties to mediation but short of refusing the l...

March 31, 2016

Like many other mediators who qualified a long time ago (in my case 2001) I was taught that a mediator should never offer an opinion, no matter how informal, on the merits of the case - to do so would undermine my independence in the eyes of the parties.

 

My own experie...

March 15, 2016

 

I write this item as a frustrated non-lawyer Mediator with many years experience of dealing in small commercial disputes that have been taken over by tactical lawyers.  I would be very interested to hear responses and views to see if other non-lawyer Mediators and par...

February 24, 2016

 

 

With the process of civil disputes through the Courts becoming far more expensive and time consuming for most people, the Chartered Institute of Arbitrators (CIArb) have launched a new dispute resolution scheme. The scheme known as The Business Arbitration Scheme (BA...

February 4, 2016

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In its response to the Civil Justice Council Property Working Group discussion paper, the Association of Residential Letting Agents (ARLA) has said that:

 

“A single housing court will allow all issues to be dealt with in one place. This will reduce confusion for landlo...

January 18, 2016

The number of claims being lodged at the employment tribunal has dropped dramatically since the introduction of fees in 2013.  Of course that does not mean that conflict in the workplace has gone but it might mean that disputes drag on for even longer rather than being...

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March 15, 2016

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One of the reasons why parties can be reluctant to mediate is that they are put off by the idea of participating in a very formal structure. For some...

Mediation: Does one size fit all?

October 31, 2016

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