Churchill v Merthyr Tydfil County Borough Council: The power of the courts to order parties to engage in dispute resolution

Peter Allchorne and Emma Fuller of DAC Beachcroft, look into the UK case of Churchill v Merthyr Tydfil County Borough Council, where the Court of Appeal ruled that courts can order parties to engage in alternative dispute resolution (ADR) processes, provided it does not impair their right to a judicial hearing and is proportionate. This decision opens the door for the courts to mandate ADR before trial, potentially leading to cost implications and further clarification on what constitutes adequate engagement with the process.

https://www.dacbeachcroft.com/en/What-we-think/Churchill-v-Merthyr-Tydfil-County-Borough-Council-The-power-of-the-courts-to-order-parties?utm_source=Vuture&utm_medium=Email&utm_campaign=06122023-Motor-PeterAllchorne

Barristers at mediations. Help or hindrance?

Alistair Pye, of IPOS Mediation, gives good advice to lawyers about how to represent their clients at mediations - and about what to avoid.

https://mediate.co.uk/article/communication-collaboration-co-operation/

Mediation AdvocacyNic ScampionJanuary 17, 2023Back to all Resources

A Litigator’s Guide to Mediation Advocacy

Sheldon Stark, mediator and arbitrator based in Ann Arbor, MI, explains how mediation advocacy differs from traditional principles of "zealous advocacy", and suggest an approach to mediation advocacy designed to maximise the opportunity for resolution.

https://www.starkmediator.com/wp-content/uploads/sites/4/2022/12/A-Guide-to-Mediation-Advocacy.pdf

Mediation Advocacy, NegotiationNic ScampionJanuary 5, 2023Back to all Resources

Improve the Chances Your Mediation Will Be a Success

Steven Mehta, an LA mediator, offers some good advice as to how to succeed at mediation: let the other side pick the mediator; avoid arguing about who’s right; leave the litigators at home; and deal with complex issues last.

https://www.adrtimes.com/improve-the-chances-your-mediation-will-be-a-success/