What should you do to prepare for a mediation and what are you expectations of the mediator? This week experienced commercial litigator, Giselle Williams of Gorvins Solicitors, gives her views.
What should you do to prepare for a mediation and what are you expectations of the mediator? This week experienced commercial litigator, Giselle Williams of Gorvins Solicitors, gives her views.
Link to the final report from Rupert Jackson on his review of civil costs.
Successful outcomes at mediation do not happen by accident. By thoroughly preparing for the day you can maximise your chances of resolving your dispute.
The National Mediation Helpline can be used to provide mediation services across the country although using the NMH means you lose control of which mediator is selected for your case.
The recent settlement by mediation of the defamation claim between Barry George and News Group Newspapers demonstrates how parties retain control of the process when mediating.
Lord Woolf complains that solicitors are ignoring mediation, a key reform of the litigation process. The tribunals are overloaded with cases. What does the legal profession say in response?
The Pre-Action Protocols repeat the view that the courts consider that litigation should usually be a last resort and provide a non-exhaustive list of methods of alternative dispute resolution including mediation.
The decision about whether or not to instruct a barrister to attend a mediation is a difficult one given the increased expense it will involve. It needs to be considered carefully with the solicitor but will depend very much on the particular circumstances of each case.
It is not compulsory to have a solicitor when you go to a mediation meeting but solicitors bring a number of valuable advantages and can assist in ensuring parties get the best result from the negotiations.
Mediation is a confidential process but is still subject to the usual exceptions to the rules on confidentiality.