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Solicitors cannot bluff in mediations!

In my experience as a mediator, parties often stress the strengths of their case and sometimes say that Counsel has already drafted the proceedings or that they have been advised that they have good prospects of success. It is difficult to know whether they are...

Court punishes party for refusing to mediate

In the latest decision on the issue of refusing to mediate the Court has once again reiterated that a party who refuses to mediate can be penalised in legal costs. This was an employment contract case involving two defendants where one defendant relied upon the...

Open for mediation! Ready to mediate after lockdown?

The message mediators are sending out is that we are open for business and ready to mediate whether it be online by telephone. The jury is out as to whether it is now possible to mediate in person. Some courts are holding jury trials again, but attendance is a legal...