Summer holidays are fast approaching so I will be reducing the writing output which is the only excuse for publishing this post highlighting the current most read articles. Here’s the top 5: Mediation Position Statements made easy What if mediation fails 6 things to know about personal injury mediation Supporting charities through Will Aid Monied…
I am pleased to announce that I am supporting the charity Will Aid. This national charity encourages solicitors to waive their fees for writing wills – instead the client makes a donation to the charity. In 2010 the generosity of solicitors and their clients helped to raise £1.5 million. With the money raised Will Aid…
As you can imagine I am never far away from a copy of the Tax Journal which is how I came to learn about a the HMRC launch of an alternative dispute resolution scheme for SMEs. The HMRC’s dispute resolution pilot is running upto July 2011 aiming … … to improve our understanding of SME…
One of the proposals in the recent government consultation Solving disputes in the county courts: creating a simpler, quicker and more proportionate system is designed to encourage the use of mediation even when the limitation period is about to expire. At that point one would normally issue proceedings to protect the client’s position. It can…
The government’s consultation on reforming the court procedure (Government consults on mandatory mediation step) to include some elements of compulsory mediation ends on the last day of this month. You can respond to the consultation via the Ministry of Justice website or you can join me and other interested/outraged/apathetic (delete as appropriate) parties in a…
My standard mediation agreement states: The Parties will not summons or subpoena or otherwise require the Mediator, any co-Mediator or any other person attending the Mediation to assist the Mediator to testify or produce records, notes or any other information or material whatsoever in any future or continuing proceedings. But what if you want to…
Most mediation agreements (the contract governing the mediation) state that any agreed settlement is binding only when written and signed by the parties. Provided the settlement is drafted correctly (and this is the job of any solicitors/barristers attending) then it will be enforceable. Where court proceedings have already been commenced the standard practice is to…
The Ministry of Justice has launched another consultation which includes proposals to introduce a mandatory pre-proceedings mediation information and assessment stage. The consultation is called Solving disputes in the county courts: creating a simpler, quicker and more proportionate system. There are 3 key proposals, the first is a long term goal which will require primary…
When you hire a mediator do you ask yourself is the mediator a facilitative or evaluative or transformative mediator? Do you know the difference and do you care? Well what would your reaction be if, nearing the end of a mediation, with the parties still miles apart and progress stalled, the mediator suggests that you…
Last year the state legislature of Ontario enacted the Commercial Mediation Act 2010, its purpose to “facilitate the use of mediation to resolve commercial disputes”. The Act only applies to commercial disputes but it gives disputing parties a number of statutory benefits. Some of the benefits are common place in contractual mediation agreements around the…
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