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Mediation and ADR after the Briggs LJ Report. No solutions! A summary

In case readers do not want to read a detailed article about this, here are the main points from a mediator’s perspective: 1. The report recommends reinstating the National Mediation Helpline and After hours court based mediation scheme that was previously...

Settlements induced by fraud can be set aside

The Supreme Court has reversed the decision in eve Hayward v Zurich Insurance Company plc [2016] UKSC 4. What does this mean? It means that anyone who enters into a settlement agreement and later discovers that the claim was fraudulent can escape from the terms agreed...

Avoid legal costs and mediate!

There is a continuing lack of trust in the legal profession. According to a study from the legal services consumer panel, the rating for the legal profession has slipped: 42 per cent of the public said they trusted lawyers, compared with 47 per cent four years ago....

Mediate to save costs

More and more people are choosing to mediate their disputes at an early stage rather than incurring costs. According to a report from the Legal Services Board, one hour of litigation now costs nearly half an average UK adult’s weekly earnings of almost £500,...

Litigants in person – Beware

An example of one litigant who recently had her fingers burnt by the litigation system, but settled her claim is Aisha Ali-Khan who sued George Galloway for defamation. This story highlights how litigation can be a bad experience for someone who is unrepresented. Ms...

Mediation and the EU

  It it has to be said that the divisions between The EU and the UK and internally within the UK are getting worse. Commentators have described the Brexit vote as being like a divorce petition. Like many divorces, however, people don’t often look at the...

Finding your way through the litigation maze

A recent report from litigation funder, Burford Capital, highlights the fact that winning your legal case can be only the start of the battle. You then need to enforce. Settlement agreements through mediation are often easier to enforce in that  there is normally some...