Mediation focus
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FeatureThe Damages Claims Portal (DCP) – a discussion of the challenges faced by practitioners
The Damages Claims Portal (DCP) is a digital service allowing registered legal professionals to issue a claim for damages on behalf of their client on an online portal. John Cuss explores some of the challenges faced by practitioners since its launch.
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FeatureWhat is the investment value of a dispute?
Matthew L. McGrath and Donny Surtani look at the importance of net present value, and how this can be used inform risk management and improve outcomes for financial recovery
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FeatureAlternative dispute resolution post-Brexit – which rules apply to litigators?
Rita Giannini explains how different rules may apply to cross-border litigators dealing with alternative dispute resolution, depending on whether you act for one of the parties or mediate between them
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FeatureMediation: the challenges and benefits of in-person and remote mediation
Amanda Bucklow considers the advantages and drawbacks, the impact of the coronavirus pandemic, and tips on how to make the most of remote mediation.
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FeatureCan mediation deliver in cost disputes?
Avi Dolties asks whether it’s time to start tapping into mediation to settle costs disputes.
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FeatureMediation – where do we go now?
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.
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FeatureMediation in uncertain times: CMC annual conference report
Jonathan Haydn-Williams reports back from the Civil Mediation Council’s (CMC) annual conference.
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FeatureWhat happens in a mediation stays in a mediation. Or does it?
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.
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FeatureThey think it’s all over... it should be now
Mark Field considers the final steps of a mediation.
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FeatureInterview: Tim Wallis, mediator and solicitor
We speak to independent full-time mediator Tim Wallis (http://www.tim-wallis.co.uk/) on his daily practice, including the selection process, his pre-mediation service, handling difficult clients, and what happens once the day is over. He also gives his best practice advice on making the mediation go as smoothly as possible.
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FeatureInterview: Nigel Broadbent, director, Lupton Fawcett
Nigel Broadbent, director and head of the Dispute Management Department at Lupton Fawcett in Leeds, discusses his approach to mediation, including preparation, handling resistant parties, the trends he’s seen over the last 10 years - and what he wished he known about the mediation process when he began his career ...
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FeatureA beginner's guide to cross-border mediation
Cross-border mediation is a process where a mediator assists two or more parties to manage and resolve a multi-jurisdictional dispute within the EU. Vincent Adon, mediator and founder of London ADR, presents a beginner’s guide.
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FeatureMediation: Preparing to mediate (part 3) - After the event
In the third and final part of a three-part series on effective mediation strategies, Amanda Bucklow looks at strategies for getting the best out of the day, whatever the outcome.
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FeatureInterview: Garden Court Chambers mediation team
Helen Curtis and Liz Davies, barrister mediators in the Garden Court Chambers mediation team, discuss the role of barristers in mediation - both barrister mediators and barristers who attend a mediation on behalf of a client.
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FeatureThe advantages and disadvantages of mediation
Mediation has many advantages, but there are also downsides to it that should not be overlooked, warns Philip Hesketh
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FeatureMediation: Preparing to mediate (part 2) - On the day
In the second of a three-part series on effective mediation strategies, Amanda Bucklow considers how you can make the mediation day the best opportunity for certainty of outcome for your client.
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FeatureMediation: Preparing to mediate (part 1)
There are several strategies that legal professionals can adopt before, during and after a mediation which will ensure the best possible use of your time and resources. In the first of a three-part article, mediator Amanda Bucklow shares her top pre-mediation day planning tips
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FeatureMediation: Preparation and good practice
Mark Jackson-Stops, mediator and founder of mediation chambers In Place of Strife, provides an in-depth guide to the vital points you and your client must consider prior to mediation
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FeatureRSVP: 'I accept'
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
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Mediation: where do I begin?
There are many mediators for hire out there. But who should you choose, and how much should you pay for their services? Nigel Broadbent, director at Lupton Fawcett Denison Till and heads of the Dispute Management Department, shares his advice