Edward Fox of Fee Langstone looks at how compulsory mediation, under Section 145 of the Trusts Act 2019, allows the Court to order unwilling parties in trust disputes to participate in alternative dispute resolution, provided the dispute qualifies as an "internal matter." While it undermines the voluntary nature of mediation, this power has proven to be an effective tool, with high settlement rates even in cases where mediation was compelled, making it a valuable resource for resolving trust-related disputes.
Read MoreMediation is a form of Negotiated Dispute Resolution (ADR), which involves a process of structured ‘without prejudice’ negotiation facilitated by an impartial third party known as a ‘mediator’. The aim is to produce a settlement of the dispute that is acceptable to both parties, and the process enables them to retain control over whether or not they wish to settle, and on what terms. Click here for the link to download the guide created by Nicola Gare of HFW:
https://www.hfw.com/insights/client-guide-making-the-most-of-mediation/
Read MoreFrancesca Muscutt and Millie Bailey of DAC Beachcroft look at the landmark decision, James Churchill v Merthyr Tydfil County Borough Council, where the Court of Appeal has ruled that the courts can stay proceedings and order parties to engage in Alternative Dispute Resolution (ADR), even where one or both parties have expressed an unwillingness to engage in the process.
The benefits of ADR have long been recognised. It is an efficient mechanism for resolving disputes quickly, privately and usually far more cheaply than taking a case to trial. The Pre-action Protocol for Professional Negligence (which covers claims against accountants and auditors) requires the parties to consider ADR before commencing court proceedings. The Court of Appeal decision in Churchill goes further by underscoring the importance of ADR even once proceedings are underway. The courts have the power to stay the proceedings and compel the parties to engage in ADR and there is an expectation this power will be exercised.
Read MoreThe Court of Appeal in Churchill v Merthyr Tydfil County Borough Council held that courts can lawfully order parties to engage in alternative dispute resolution (ADR), as long as it does not infringe on their right to a fair trial and is a proportionate means of achieving a legitimate aim. While the decision did not mandate ADR in this case, it marks a significant shift by affirming judicial discretion to require ADR, potentially leading to more efficient and cost-effective dispute resolution.
Read MoreDAC Beachcroft looks at how the UK has introduced compulsory mediation for claims up to £10,000, with key features including free mediation, remote one-hour sessions, and sanctions for non-participation. This move aims to ease the pressure on courts, and its timing aligns with the Irish government's focus on using alternative dispute resolution (ADR) to resolve disputes efficiently and cost-effectively, though mediation remains voluntary in Ireland for now.
Read MoreMia Levi of the International Institute for Conflict Prevention and Resolution ("CPR") offers suggestions as to how parties can assess whether they should mediate, referring to the CPR's ADR Suitability Guide, and when they should mediate
https://www.mediate.com/articles/levi-commercial-disputes.cfm#bio
Read MoreDavid A Evans of IPOS Mediation explains how boardroom conflicts often arise from delayed communication and unresolved tensions, making early intervention crucial for maintaining a healthy work environment. An effective Chair plays a key role in fostering open debate, addressing conflicts proactively, and ensuring Board members uphold integrity and courage to act in the organization’s best interests.
https://my.newzapp.co.uk/t/view/1537946610/121956528
Read MoreThis guide is designed to help individuals responsible for addressing employee conflict within an organisation achieve better outcomes for employees and the business. Written by leading practitioners and combining CEDR’s institutional learning and understanding of conflict, this 35 guide covers:
What is Workplace Conflict?
What is Mediation?
The Difference between Workplace and Employment Mediation
What does Workplace Mediation look like?
How to set up your Workplace Mediation
Internal or External Mediator?
Confidentiality
Confidentiality Breaches
‘Without Prejudice’
Managing Outcomes from the Mediation
Resources
https://indd.adobe.com/view/7cfbdbdd-d44c-46d5-a28c-13106f5947e1
Read MoreJon Lang of IPOS Mediation looks at how the case of Kumar v L.B. of Hillingdon highlights the potential issues of compulsory mediation, particularly in cases involving significant power imbalances, such as disputes between parents and local authorities over special educational needs. The judgment emphasises the importance of ensuring that parties have the necessary support, such as legal representation, to prevent unfair outcomes and stresses the need for safeguards if mediation becomes compulsory.
https://my.newzapp.co.uk/t/view/1487606041/121956528/
Read MoreRachel Gupta of Gupta Dispute Resolutions LLC, a mediator based in New York, explores when a company facing an employment claim might consider mediation.
https://www.mediate.com/articles/gupta-employment.cfm
Read MoreShuli Green (Miles Mediation) discusses the benefits of mediation over litigation, when to mediate, how to choose a mediator, and how to prepare for mediation.
https://www.milesmediation.com/blog/practice-pointers-for-a-successful-mediation/
Read MoreJane Gunn (IPOS) outlines benefits of mediation and suggests that early mediation can prevent a conflict escalating and damaging both parties.
https://mediate.co.uk/blog/how-to-persuade-your-client-to-mediate/
Read MoreArticle examines UK authorities imposing sanctions on parties who refuse to mediate, and when it might be reasonable to refuse to mediate.
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 considers how to assess if a particular case is a good candidate for mediation.
Read MorePart of a series of articles considering all aspects of mediation in the workplace. 1. In this article, Caroline Sheridan, a senior CEDR mediator considers why you should mediate this kind of dispute and the basic 'rules' of mediation.
Read MoreArticle examines the early use of mediation to resolve disputes, which disputes are suitable and which unsuitable for mediation.
https://www.mediate.com/articles/young18.cfm
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