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.
This webinar, inclusive in Civil Litigation Section membership, will provide an introduction to the basics of arbitration and its practical workings, plus the benefits of PIcARBS
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
Mark Field looks at reasons to consider mediation in preference to a joint settlement meeting
Mark Field considers the final steps of a mediation.
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
Mediation has many advantages, but there are also downsides to it that should not be overlooked, warns Philip Hesketh
It’s clear from recent case law that the courts will judge unfavourably those parties that do not engage in mediation. Mark Field explains why, if you receive an offer to mediate, you should accept it and do so promptly
Solicitors now have until 1 October 2015 to comply with the EU alternative dispute resolution directive
The president of the Supreme Court voices his support of mediation in a range of civil cases