Author Archives: Philip Hesketh

Professional Mediator

Mediation forum now added to the site

I have added a client forum to the site - there's a link in the navigation bar. I am moving my mediation FAQs on to the forum and there is also a facility for you to ask questions or start general discussions about mediation. I hope you will find it useful. If you have ...

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ADR : An essential competency for lawyers

Alternative Dispute Resolution : An Essential Competency for Lawyers by Mark Partridge has been reviewed by Colm Brannigan on the Web Journal of Current Legal Issues. I know because Colm was ...

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Turfed out for 3 inches

Neighbour disputes can have a long history and have associated legal costs far out of proportion with the dispute. However, as this recent case shows, mediation is not always going to provide a solution.

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New lawyers to have advantage in mediation

Mediation training should become an integral part of the education of new lawyers in the UK. Lord Neuberger calls for a change in attitude and understanding in University Law Departments and Law Schools.

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Position Statements made easy

Mediation position statements often do no more than repeat the pleadings – setting the parties up for a legal argument and not an interests based examination of the best solution. I have created a simple pro forma with guidance for creating more effective statements.

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UK Mediation Forum launched

The UK Mediation Forum is now up and running. I have had the idea of trying to get as much web based information about mediation presented in one place for a long time now - ...

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5 Senior Judges who support Mediation

Lord Jackson said most judges are making strenuous efforts to commend mediation. Here are a few examples form the senior judiciary.

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Jackson’s mediation proposals

Is Sir Rupert Jackson right when he says “Most lawyers and judges already make strenuous efforts to commend mediation.”? Is producing a mediation handbook the best way to promote mediation?

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Gender bias in ADR

Link to articles posted in celebration if Women’s History Month

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Indemnity costs for failing to mediate

High Court Judge punishes the RSPCA for failing to mediate or use other forms of ADR in dispute over a will.

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