Phoebe Price of UK law firm Browne Jacobson, looks at how the Court of Appeal's decision in Churchill v Merthyr Tydfil Council allows courts to mandate parties to engage in non-court dispute resolution processes, such as negotiation, mediation, or internal complaints procedures, before taking legal action. This ruling provides local authorities with an opportunity to resolve low-value disputes more efficiently and cost-effectively by using their internal processes to address issues before resorting to litigation.
Read MoreHerbert Smith Freehills partnered with the London Chamber of Arbitration and Mediation to conduct a survey that reveals broad support among dispute resolution professionals for some form of mandatory mediation in both litigation and arbitration, though opinions vary on its structure, timing, and appropriate case types. While most respondents agree that compulsory mediation can be effective, especially when paired with sanctions for non-compliance, they also emphasise the need for flexible implementation tailored to the nature and complexity of individual disputes.
Read MoreGreg Rooney, an experienced Australian mediator, identifies some of the factors behind his success as a mediator; his curiosity, energy, and ability to keep it 'light and simple'.
https://www.mediate.com/the-art-of-the-simple-in-mediation/
Read MoreJoanna Gosling, BBC presenter and trainee mediator, offers reflections on her training, noting that mediation's strength is sometimes that it's different from the legal remedies available, and the importance in some situations of not focusing on the detail.
https://s6.newzapp.co.uk/t/view/1541506760/121956528
Read MoreBill Lister of Appleyard Lees explains the benefits and advantages of mediation, whether and how it can be ordered (in the UK), and how it can be used strategically.
https://www.appleyardlees.com/mediation-an-alternative-to-litigation/
Read MoreSukhi Kaler and Liz Williams of CMS Law-Now look at how the United Kingdom’s Civil Justice Council (CJC) has concluded that mandatory alternative dispute resolution (ADR) is legally compatible with the European Convention on Human Rights and could positively influence dispute resolution culture. While further work is needed before implementation, the report suggests that compulsory ADR—if carefully designed—could improve case management without infringing on access to the courts.
https://cms-lawnow.com/en/ealerts/2021/07/civil-justice-council-supports-mandatory-adr
Read MoreIn-house counsel often prefer arbitration or mediation over litigation due to the 4 Cs: control over risks, confidentiality, and process; cost efficiency; commercial considerations to preserve relationships; and the creativity these methods offer for tailored solutions. These alternative dispute resolution methods allow for greater flexibility, reduce the financial and relational strain of litigation, and facilitate innovative, non-financial resolutions.
https://mediate.co.uk/blog/in-house-counsel-prefer-mediation-or-arbitration-to-litigation/
Read MoreArticle explains the benefits of mediation, why some parties are initially reluctant to mediate, and considers whether parties should be forced to mediate.
https://www.stewartslaw.com/news/mediation-dispute-process-not-weakness-smart-business-sense/
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 suggests when mediation should be used in the workplace and how the process could help employers.
Read MoreArticle examines reasons why mediation works.
https://www.mediate.com/articles/huertaL1.cfm
Read MoreArticle describes the typical mediation process, how to select a mediator, and why mediation works.
https://www.mediate.com/articles/krikorian.cfm
Read MoreArticle describes the typical mediation process and lists and evaluates reasons why it works.
https://www.mediate.com/articles/roberts.cfm
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