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ADR: Blessed are the peacemakers

07 February 2014  

Peter Taylor and Anna Robinson urge a fresh look at mediation

Mediation is one of the key forums for resolution of disputes (big and small). A greater emphasis is now placed on the key aspects of mediation including its timing, the nominated mediators, preparation for the mediation, who attends, conduct of the opening sessions and of course (as if it needed to be said…) managing the client’s expectations. Whilst every lawyer now has to consider mediation – hopefully from the outset of the case – the concept of mediation for a client who rarely, if ever, finds themselves involved in court proceedings is a different prospect altogether. Even if a client comes to the process, having been involved in court proceedings, quite a few will see it as no more than an early and informal evaluation of the merits of the case by a neutral professional. Others see it as time and money spent which will be fruitless. And of course a range of, often, incomplete opinions based on the ubiquitous Google search.

Additional Info

  • Case(s) Referenced:

    Burchell v Bullard [2005] EWCA Civ 358

    Cable and Wireless plc v IBM United Kingdom Ltd [2003] EWHC 316 (Comm)

    Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576

    PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288