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Court opens the door to mandatory mediation

The Court of Appeal handed down its decision in the Churchill v Merthyr Tidfyl case on 29 November 2023. The key decisions were: 1. The Court overturned Halsey v Milton Keynes General NHS Trust, the 20 year old case on refusal to mediate to a limited extent in saying...

Refusal to mediate leads to costs consequences in inheritance case

Refusal to Mediate and Cost Consequences in Inheritance Disputes: Lessons from Stoney-Andersen v Abbas & Ors [2023] EWHC 2964 (Ch)” In the recent case of Stoney-Andersen v Abbas & Ors [2023] EWHC 2964 (Ch) on November 24, 2023, the court shed light on...

Avoid Court fee increases! Mediate

A consultation on Court fees has been issued recently. I would be surprised if anyone said that increasing Court fees would be a good idea! However it has to be recognised that costs of running the Court service will have increased like everything else. The Ministry...

Avoiding Inheritance Disputes. How will reforms to wills affect claims?

In the intricate landscape of contentious probate disputes, the surge in cases over recent years is evident in the frequent reports of families embroiled in conflicts over wills and inheritances. From Shakespeare’s King Lear to Logan Roy in Succession, the arts have...

Unreasonable refusal to mediate in an arbitration- never say never

In the case of Lord & Ors v Kinsella & Ors [2023] EWHC 2748 (Ch) (02 November 2023), the court addressed the issue of refusing mediation in an arbitration context. The dispute centered around the dissolution of the Slaley Hall Owners Club, involving intricate...

ADR Biennial Report 2021 – 2023

1-11-23-ADR report biennial 2021-3 Biennial report 2022-3 gambling We are pleased to announce the publication of our CTSI biennial ADR Report and the Gambling Commission Biennial Report. These reports, reflecting eight years of progress since the implementation of ADR...
Why mediate?

Why mediate?

Mediation Guide: Finding Resolution Through Dialogue** What is Mediation? Mediation stands as a beacon of hope in the often turbulent seas of dispute. It is a structured, yet flexible, process that empowers conflicting parties to collaboratively seek solutions. Unlike...