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.
Read MoreGreg Rooney, an experienced Australian mediator, identifies some of the factors behind his success as a mediator; his curiosity, energy, and ability to keep it 'light and simple'.
https://www.mediate.com/the-art-of-the-simple-in-mediation/
Read MoreJoanna Gosling, BBC presenter and trainee mediator, offers reflections on her training, noting that mediation's strength is sometimes that it's different from the legal remedies available, and the importance in some situations of not focusing on the detail.
https://s6.newzapp.co.uk/t/view/1541506760/121956528
Read MoreBill Lister of Appleyard Lees explains the benefits and advantages of mediation, whether and how it can be ordered (in the UK), and how it can be used strategically.
https://www.appleyardlees.com/mediation-an-alternative-to-litigation/
Read MoreSukhi 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
Read MoreArticle explains the benefits of mediation, why some parties are initially reluctant to mediate, and considers whether parties should be forced to mediate.
https://www.stewartslaw.com/news/mediation-dispute-process-not-weakness-smart-business-sense/
Read MoreArticle assesses the factors that influence the likelihood of a case being settled through mediation.
https://www.sciencedaily.com/releases/2018/08/180807144947.htm
Read MoreArticle suggests when mediation should be used in the workplace and how the process could help employers.
Read MoreArticle examines reasons why mediation works.
https://www.mediate.com/articles/huertaL1.cfm
Read MoreArticle describes the typical mediation process, how to select a mediator, and why mediation works.
https://www.mediate.com/articles/krikorian.cfm
Read MoreArticle describes the typical mediation process and lists and evaluates reasons why it works.
https://www.mediate.com/articles/roberts.cfm
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