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Time to Mediate?

New Year, New Resolutions: Resolving Property and Contract Disputes with ProMediate’s Expert Mediators As the new year begins, many people reflect on their goals, aspirations, and the challenges they faced in the previous year. For individuals and businesses involved...

Predictions for Mediation in 2025

2024: A Landmark Year for Mediation The year 2024 has proven to be pivotal in shaping the future of mediation within the legal landscape. With significant developments such as the landmark Churchill v Merthyr Tydfil case and critical amendments to the Civil Procedure...

Happy Christmas and New Year from the mediators!

The Benefits of Mediation to Resolve Disputes During Christmas and New Year The festive season is often a time of joy, family gatherings, and celebrations. However, it can also bring stress and tension, particularly for those embroiled in disputes. Whether...

Tribunal Costs and Unreasonable Conduct: Analysing Recent Cases

In this article, we examine two recent decisions highlighting how unreasonable conduct in tribunal proceedings can impact costs awards. While refusal to mediate is a well-known example, other behaviours can also qualify as unreasonable. We focus on the cases of...

Using “reasonable endeavours” in settlement agreements

Legal Analysis: The Binding Nature of “Reasonable Endeavours” in Settlement Agreements In the recent case involving Moussa Raymond Salem (“Moussy”) and his uncles Freddy and Beno Moussa Salem, the court examined the enforceability of a “reasonable endeavours” clause...

Mediating the climate

Mediating Climate Change Disputes: Addressing Scope 3 Effects and Advancing International Law in Energy Transitions I Tackling Net-Zero Disputes: The Role of Mediation As nations and corporations pursue ambitious net-zero goals, disputes over resource allocation,...

Inheritance Disputes, Moral Dilemmas, and the Advantages of Mediation

The case of Michael Gymer serves as a compelling and sobering example of the legal, emotional, and ethical dilemmas that can arise when someone dies intestate—without leaving a will. It also raises significant questions about fairness, the role of moral judgments, and...

When can privilege in a mediation be overridden?

Can the Court Override Confidentiality in a Mediation? Typically, statements and disclosures made during a mediation are protected by confidentiality and cannot be referred to in court proceedings. However, this principle was challenged in the case of Pentagon Foods,...