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…
The government has proposed to introduce a new step in the civil litigation procedure – mediation information and assessment sessions – which will apply to all non-small claims track cases valued at under £100,000 ( see Solving disputes in the county courts: creating a simpler, quicker and more proportionate system consultation paper from the MoJ)….
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…
I am delighted to welcome David Richbell as my guest in this episode. David is a commercial mediator with nearly 20 years experience. He is highly regarded in the profession and well known for his training provided through MATA. David has previously written an article Do you need a specialist mediator for my blog. We…
I was intrigued by this headline Man accused of pushing teen through window sending shard into chest ‘was mediator’ in the Plymouth Herald. I was alarmed in case I had missed the defenstration module of my mediator training course. It turns out I needn’t have worried, the “mediator” was just an amateur and not one…
The Department for Business Innovation & Skills has called on mediators to comment on its latest consultation – resolving workplace disputes. The department wants views on measures to: – achieve more early resolution of workplace disputes so that parties can resolve their own problems, in a way that is fair and equitable for both sides,…
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…
The Law Society intervened in the case of Sibthorpe & Anor v London Borough of Southwark [2011] EWCA Civ 25 because of the importance to the legal profession of the issue in question. Was an indemnity for adverse costs, provided by a solicitor to its client in a CFA, champertous? The defendant in this housing…
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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