The Court of Appeal decision in Churchill v Merthyr Tydfil Borough Council [2023] marks a significant development in the area of mediation and other forms of alternative dispute resolution (ADR) in…
The recent post by Ting-Kwok IU examined the Hong Kong Ordinance designed to protect children from abuse and to protect some professionals (excluding mediators) for reporting such abuse. This has…
Mediation has long been used as a method of resolving disputes. Indeed, the practice of combining mediation and arbitration by the same neutral has been traced back to ancient Greece and Ptolemaic…
As mentioned in my last blog , the UK Civil Justice Council, in its June 2021 Report on Compulsory ADR , endorsed the idea, contrary to the ruling in the notorious Halsey case, that unwilling…
Law students are probably familiar with a diagram like the one above. It arranges different ways of resolving disputes according to how much say parties have in the outcome. Much as Felstiner and…
Less than you might think, according to Sir Geoffrey Vos, the newly-appointed Master of the Rolls. The Master of the Rolls is responsible for the administration of civil justice in England & Wales…
I started mediating in my early 30s, surely old enough to know the difference between truth and fiction. Yet after a couple of years I began to say, first to myself then to my friends, that the…
I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatised by the litigation process to which they had been exposed…