Category Archives: Mediation

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.

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.

Mediation Position Statement 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.

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.

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?

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.

The mediation archive

A review of posts on this website from a year ago, February 2009. Featuring a look at autistic hostility and the challenge of lawyers and mediators regarding each other as partners in dispute resolution.

Marketing training for mediators

Tammy Lenski, a mediator and trainer from the USA is planning a trip to the UK and will be delivering seminars on mediation marketing. For more information follow the links to her website in this post.

Preparing for mediation – the Civil Litigator’s view

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.

Jackson review Final Report

Link to the final report from Rupert Jackson on his review of civil costs.