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Conflict culture

It appears that we have a culture of conflict in the UK. Divorcing couples in England and Wales are forced into making false and exaggerated allegations of adultery or bad behaviour under “fault-based” laws, a report published this week, Finding Fault, has...

Fixed costs will encourage mediation

Fixed costs are coming The next big thing we can do – and my department cares a great deal about costs across the board and disproportionate costs really impede to access to justice – is to try and extend fixed recoverable costs to as many areas of civil...

Clinical negligence lawyers spurning mediation

Claimant lawyers ‘resisting’ mediation, NHS Resolution chief executive has told MPs. We ask, is it fair to blame Claimant lawyers for a disappointing takeup? Is this down to the mediation providers that NHSR selected to run its mediation scheme in December...

Civil Justice Council says mediation has not gone far enough

In future Court users may find they are prompted to use mediation as part of the Court process. The age old debate as to whether it should be made compulsory continues. The Civil Justice Council has supported Compulsory mediation with most parties being required to...

How to change a person’s mind in negotiations

We don’t like changing our minds In recent years psychologists have uncovered two powerful forces that stop us changing our minds Firstly once we’ve made a decision we tend to stick with it – this is known by psychologists as the “Commitment” effect. This is why...