Posts in When to mediate
Civil Justice Council supports mandatory ADR

Sukhi 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

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When to mediate, Why mediation worksNic ScampionBack to all Resources
CEDR’s Complete Guide to Trusts, Wills and Probate Mediation

Trust, Wills and Probate Mediations are among the most challenging of cases. The intense mix of emotional, legal and financial issues can make achieving sustainable outcomes incredibly difficult.

To help lawyers who mediate in this sector, CEDR has put together a practitioner-led guide that offers practical advice on how to manage and prepare for your mediations.

https://indd.adobe.com/view/1d4785a1-87af-4ee6-b11e-0f34e65652c6

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Dealing with emotion, Negotiation, Overcoming impasse, Pre-mediation, Preparing for mediation, Proposing mediation, Succeeding at mediation, Suggesting mediation, The mediation process, When to mediate, Trust disputesNic ScampionBack to all Resources
Case Law Update: Beattie Passive Norse Ltd & Anr v Canham Consulting Ltd

Henrietta Jackson-Stops of IPOS Mediation explores how the UK case of Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd highlights the significant disparity between the damages claimed (£3.7m) and awarded (£2,000), along with the high interim costs imposed on the Claimant (£500,000). The judgment also raises key questions about the role of blind bidding as a form of ADR, distinguishing it from mediation and questioning whether it fulfills parties' obligations to attempt settlement before trial.

https://mediate.co.uk/blog/case-law-update-beattie-v-canham/

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Categories of dispute, When to mediateNic ScampionBack to all Resources
Compulsory mediation - lessons from Kumar v L.B. of Hillingdon: a personal perspective

Jon 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/

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Is mediation appropriate?, When to mediateNic ScampionBack to all Resources
International Patent Litigation and Mediation

Richard Price of JAMS ADR explores how despite its significant potential to resolve complex disputes efficiently, mediation remains underutilised in international patent litigation due to factors such as overconfidence, fear of appearing weak, and commercial pressures on lawyers. Insights from industry professionals, like Dr. Frank Gerhards, highlight both the benefits of mediation and the cultural and systemic barriers that continue to hinder its wider adoption.

https://www.jamsadr.com/blog/2021/international-patent-litigation-and-mediation

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When to mediateNic ScampionBack to all Resources