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?
ADR Group annual conference
I attended the ADR Group’s annual conference in Oxford which had the usual high standard of speakers looking at influence, hybrid mediation and trends in practice amongst other things.
What does the Pre-Action Protocol say about Mediation?
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.
What cases are suitable for mediation?
Nearly all types of dispute are suitable for mediation from commercial contracts to neighbour disputes. Some individual cases will be unsuitable because of the facts of the particular case and practitioners need to recognise which factors indicate against mediation.
When is the right time for mediation?
The timing of mediation is important. Too early and you may not be in a position to properly negotiate a settlement – too late and you will lose many of the benefits of early dispute resolution.
What does mediation cost?
The mediators fee are usually split evenly between the parties. The costs of mediation have to be set against the potential future savings of legal fees and management and personal time.
What are the benefits of mediation?
Mediation has some distinct and measurable benefits over litigating a dispute to trial. The following list are some of the main benefits. Mediation is usually but not always a suitable method of resolving a dispute. You should consult your solicitor for further advice if you are in doubt. Mediation is fast Mediated settlements can be achieved a ...
What if mediation fails?
Mediation does not always result in an immediate settlement of a dispute. What can and should the parties do when this happens?
What is ADR?
ADR means alternative dispute resolution and describes any conflict resolution procedure which does not involve a judge making a ruling following an adversarial trial hearing.
What happens at mediation
There is no single mediation process or mediation procedure. Experienced mediators will have there own way of working. What follows is a guide to what to expect if you asked me to mediate a dispute for you. There are four and sometimes five stages to a successful mediation.
