Posts in When to mediate
Client Guide: Making the most of Mediation

Mediation is a form of Negotiated Dispute Resolution (ADR), which involves a process of structured ‘without prejudice’ negotiation facilitated by an impartial third party known as a ‘mediator’. The aim is to produce a settlement of the dispute that is acceptable to both parties, and the process enables them to retain control over whether or not they wish to settle, and on what terms. Click here for the link to download the guide created by Nicola Gare of HFW:

https://www.hfw.com/insights/client-guide-making-the-most-of-mediation/

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Is mediation appropriate?, Mediation agreement, Negotiation, Settlement agreements, The mediation day, The mediation process, When to mediateNic ScampionBack to all Resources
Beware of Not Mediating a Dispute

A recent Irish High Court decision reduced a costs award. This reduction occurred because the plaintiffs’ solicitor failed to comply with the statutory obligation to advise about mediation before commencing proceedings. An English court has also recently imposed a greater reduction on recoverable costs arising from a party’s refusal to consider mediation. Gearoid Carey and Gerard Kelly, partners at Mason Hayes & Curran, examine this decision in the context of an apparent greater judicial willingness to get parties to mediate or else suffer potential cost consequences.

https://www.mhc.ie/latest/insights/beware-of-not-mediating-a-dispute#page=1

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Refusing to mediate, When to mediateNic ScampionBack to all Resources
Can unwilling parties be compelled to engage in alternative dispute resolution in litigation?

A recent Court of Appeal decision in England ruled that parties can be compelled to engage in alternative dispute resolution (ADR), departing from the traditional view that ADR is purely voluntary. While this decision raises questions about the future of compulsory ADR in Scotland, no similar requirement currently exists, though the ruling may influence future procedural developments.

https://www.mfmac.com/insights/litigation-dispute-resolution/can-unwilling-parties-be-compelled-to-engage-in-alternative-dispute-resolution-in-litigation/

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Refusing to mediate, When to mediateNic ScampionBack to all Resources
Churchill v Merthyr Tydfil Council: A game changing decision for local authorities

Phoebe Price of UK law firm Browne Jacobson, looks at how the Court of Appeal's decision in Churchill v Merthyr Tydfil Council allows courts to mandate parties to engage in non-court dispute resolution processes, such as negotiation, mediation, or internal complaints procedures, before taking legal action. This ruling provides local authorities with an opportunity to resolve low-value disputes more efficiently and cost-effectively by using their internal processes to address issues before resorting to litigation.

https://www.brownejacobson.com/insights/churchill-v-merthyr-tydfil-council-decision-for-local-authorities

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Negotiation, Proposing mediation, When to mediate, Why mediation worksNic ScampionBack to all Resources
Building “Human Conscious” Organisations

Rebecca Attree of IPOS Mediation explains how a "human conscious" organisation fosters awareness of its societal role, prioritising ethics, culture, and stakeholder well-being over hierarchical control. By integrating self-management, wholeness, and evolutionary purpose, such organisations can enhance workplace harmony, resolve conflicts more effectively through mediation, and ultimately drive both human and business success.

https://mediate.co.uk/blog/building-human-conscious-organisations/

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Proposing mediation, Suggesting mediation, When to mediate, Workplace disputesNic ScampionBack to all Resources
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

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Mediation Advocacy, Negotiation, Proposing mediation, When to mediateNic ScampionBack to all Resources
Boardroom conflicts – the importance of communication

David A Evans of IPOS Mediation explains how boardroom conflicts often arise from delayed communication and unresolved tensions, making early intervention crucial for maintaining a healthy work environment. An effective Chair plays a key role in fostering open debate, addressing conflicts proactively, and ensuring Board members uphold integrity and courage to act in the organization’s best interests.

https://my.newzapp.co.uk/t/view/1537946610/121956528

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Is mediation appropriate?, When to mediateNic ScampionBack to all Resources
Civil Justice Council supports mandatory ADR

Sukhi Kaler and Liz Williams of CMS Law-Now look at how the United Kingdom’s Civil Justice Council (CJC) has concluded that mandatory alternative dispute resolution (ADR) is legally compatible with the European Convention on Human Rights and could positively influence dispute resolution culture. While further work is needed before implementation, the report suggests that compulsory ADR—if carefully designed—could improve case management without infringing on access to the courts.

https://cms-lawnow.com/en/ealerts/2021/07/civil-justice-council-supports-mandatory-adr

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When to mediate, Why mediation worksNic ScampionBack to all Resources
CEDR’s Complete Guide to Trusts, Wills and Probate Mediation

Trust, Wills and Probate Mediations are among the most challenging of cases. The intense mix of emotional, legal and financial issues can make achieving sustainable outcomes incredibly difficult.

To help lawyers who mediate in this sector, CEDR has put together a practitioner-led guide that offers practical advice on how to manage and prepare for your mediations.

https://indd.adobe.com/view/1d4785a1-87af-4ee6-b11e-0f34e65652c6

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Dealing with emotion, Negotiation, Overcoming impasse, Pre-mediation, Preparing for mediation, Proposing mediation, Succeeding at mediation, Suggesting mediation, The mediation process, When to mediate, Trust disputesNic ScampionBack to all Resources
Case Law Update: Beattie Passive Norse Ltd & Anr v Canham Consulting Ltd

Henrietta Jackson-Stops of IPOS Mediation explores how the UK case of Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd highlights the significant disparity between the damages claimed (£3.7m) and awarded (£2,000), along with the high interim costs imposed on the Claimant (£500,000). The judgment also raises key questions about the role of blind bidding as a form of ADR, distinguishing it from mediation and questioning whether it fulfills parties' obligations to attempt settlement before trial.

https://mediate.co.uk/blog/case-law-update-beattie-v-canham/

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Categories of dispute, When to mediateNic ScampionBack to all Resources