Article notes that (UK) courts already encourage mediation, and may penalise a party which unreasonably refuses to mediate, and suggests recent case - in which a court ordered Early Neutral Evaluation - may indicate increased willingness to order mediation.
Read MoreJeff Kichaven provides some reflections on his, and others', early experience of online mediations.
Read MoreNeil Goodrum, a CEDR Chambers Mediator, provides some reflections on his experie nce of online mediations.
https://www.linkedin.com/pulse/online-mediation-view-from-coalface-ben-thomson/
Read MoreJames Hartley and Chloe Oram of Freeths provide reflections on their experience of an online mediation.
https://www.freeths.co.uk/2020/04/03/locked-down-but-not-out-remote-mediation/
Read MoreSuzanne Wharton and Naomi Park of DAC Beachcroft consider recent cases that indicate that the UK Courts are increasingly prepared to exercise their powers to compel parties to engage in ADR.
Read MoreA Herbert Smith Freehills article considers recent cases that indicate that the UK Courts are increasingly prepared to exercise their powers to compel parties to engage in ADR.
Read MoreAn article considering the spectrum of mediation practice - from evaluative to facilitative - and explaining the concept of 'emergence'.
Read MoreGreg Rooney suggests a way to think about the mediation process, suggesting unexpected solutions may emerge from their complex interactions (and mediators might facilitate that).
Read MoreArticle suggests half-day mediations can have disadvantages, leaving too little time for the process and risking dissatisfaction.
Read MoreArticle explains that a mediator should adopt both facilitative and evaluative approaches.
https://mediate.co.uk/blog/facilitative-evaluative-mediation/
Read MoreArticle considers what makes a commercial mediation succeed.
https://www.mediate.com/articles/dorian-mediation-tips.cfm
Read MoreArticle provides advice to lawyers in how to get the best from mediation.
Read MoreArticle suggests ways mediators can help parties in mediation move beyond the reasons for impasse – such as cognitive biases and flawed risk assessments - and achieve resolution.
http://mediationblog.kluwerarbitration.com/2019/11/06/overcoming-impasse-in-mediation/
Read MoreArticle explains the differences between mediation, arbitration, and litigation.
https://www.mediate.com/articles/costello-ADR-differences.cfm
Read MoreArticle suggests joint sessions are (were) getting less used, regrets that, and explains the benefits of the joint session.
https://www.cedr.com/the-value-of-joint-sessions/
Read MoreArticle explains that impasse often flows from a combination of cognitive biases and flawed risk assessments, giving examples.
http://mediationblog.kluwerarbitration.com/2019/10/06/impasse-in-mediation/
Read MoreSusan Hopcraft of Wright Hassall considers a recent case that indicates that the UK Courts are increasingly prepared to exercise their powers to compel parties to engage in ADR.
Read MorePowell J appeared to be prepared to take a refusal to mediate into account on the question of costs - but would not as he was satisfied that the party that refused to mediate did not behave unreasonably in the circumstances. See my August 2022 article in the New Zealand Law Journal for analysis.
Le Couteur v Norris [2019] NZHC 2075
Read MoreThe case that may have conclusively put to bed the proposition that a court could not compel mediation carried out as part of the case-management process, relying on Halsey. See my August 2022 article in the New Zealand Law Journal for analysis.
Lomax v Lomax [2019] EWCA Civ 1467
Read MoreArticle explains what a mediation statement should contain (and what it should not).
https://www.mediate.com/articles/esshaki-creating-winning-mediation-statement.cfm
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