Dec 7, 2022
The time between issue and trial for fast- and multi-track claims now takes 75 weeks, according to the latest government figures. This is despite volumes for all civil actions remaining below pre-pandemic levels, according to the latest civil justice...
Dec 6, 2022
We are seeing an increase in reported cases where the Courts are asked to consider departing from the usual costs rules because if the other party’s conduct including failure to mediate. This is always a useful argument to raise in order to show unreasonable conduct,...
Dec 6, 2022
Sometimes once is not enough. If a case doesn’t settle at a first mediation why not have a second, or even third, bite of the cherry? I have dealt with cases where two or three mediation sessions have taken place. The question in this post is: does the Court expect...
Nov 5, 2022
Court of Appeal Court of Appeal Mediation Scheme Litigants with cases that go as far as the Court of Appeal might be wondering whether the opportunity to resolve a case has long gone by that stage. By its very definition, cases that reach the Court of Appeal will have...
Nov 1, 2022
The president of the family division has dlievered a speech about the benefits of avoiding Court. https://www.bailii.org/uk/other/speeches/2022/344JJ.html He asks “When families fall apart, do they fall too easily into court?“ Lord Macfarlane says that: “To be a child...
Nov 1, 2022
The Court of Appeal recommended mediation to save costs, after refusing an appeal against a costs decision penalising a party who had refused to mediate. In a recent case (TMO Renewables Limited v Timothy Yeo and Others...
Oct 28, 2022
In a recent case, https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/KB/2022/2688.html the Court was asked to look at whether the parties’ conduct, including failure to mediate, should lead to an indemnity costs order instead of a standard order. In this...
Oct 22, 2022
We have long lobbied for businesses to engage with the ADR Regulations for consumer disputes as many refuse to use ADR, preferring to defend claims and shunning compromise. Sadly we left the EU and with it the EU dispute resolution process. Proposals have now been...
Oct 3, 2022
We are offering mediator training in person in 2023. This will be a 5 day course (although it will be possible to split the modules if attendance for 5 days is not possible). Costing £2000, this is probably the best value mediator training course recognised by the CMC...
Oct 3, 2022
I am pleased to report that I have been shortlisted for the PI Awards 2022. I have promoted ADR in personal injury claims as well as mediating as a commercial and civil mediator and am also an advocate in personal injury cases. Great strides have been taken to...
