Mediation continues to face challenges in its journey from an alternative to mainstream form of dispute resolution, not least being overshadowed by Brexit. Peter Causton rounds up the latest developments.
Jonathan Hayden-Williams reports back from the Civil Mediation Council’s (CMC) annual conference.
In Savings Advice Ltd, Master Howarth found that factual statements as to the amount of costs used in mediations could be used in subsequent assessment proceedings. Does this mean not everything in a mediation stays secret, asks Deborah Burke.
With the civil courts in crisis, could arbitration be a quicker and more cost-effective alternative to litigation in resolving personal injury and clinical negligence claims?
Litigation partner Rachel Crookes provides her own take on how your firm can face the civil fees rise head on, and keep costs low, by engaging more fully with dispute resolution mechanisms
It remains to be seen whether higher fees will improve the courts service. What is evident, though, is that legal advisers acting for either a potential claimant or defendant need to be flexible in the way in which disputes are handled, both in respect of how they are resolved and the funding for doing so. Heather Smith explains
Mark Field looks at reasons to consider mediation in preference to a joint settlement meeting
The defendant in the recent PGF II judgment was sanctioned for refusing to consider ADR. Sana Bibi explains why following the Jackson reforms, parties should ignore mediation at their peril