As mentioned in my last blog , the UK Civil Justice Council, in its June 2021 Report on  Compulsory ADR , endorsed the idea, contrary to the ruling in the notorious Halsey case, that unwilling parties in dispute may lawfully and appropriately be compelled to participate in a DR process such as mediation. (As an…

Shows forms of dispute resolution and the thick line between mediation and arbitration

Law students are probably familiar with a diagram like the one above. It arranges different ways of resolving disputes according to how much say parties have in the outcome. Much as Felstiner and colleagues (1) famously described disputes being transformed into court cases through ‘naming, blaming and claiming,’ this graphic illustrates a parallel transformation in…

On July 12, 2021 the UK Civil Justice Council published its Report on Compulsory ADR . It considered first whether parties to a civil dispute in England and Wales may be compelled to participate in an ADR process. As to this question, it will be recalled that, in the Court of Appeal decision in Halsey…

Graffiti commenting on truth and its usefulness today

I started mediating in my early 30s, surely old enough to know the difference between truth and fiction. Yet after a couple of years I began to say, first to myself then to my friends, that the concept of truth was ‘no longer useful’ in my work. What did I mean and how did I…

The impact of the COVID-19 pandemic on the administration of justice has led to commendable judicial innovation, such as the use of virtual hearings, while much of the workload has been postponed until the resumption of face to face hearings is declared safe. In a message to judges in the UK Civil and Family Courts…

The fairytale of mediation in Greece starts in 2008. Back then, a group of forward thinkers (or disillusioned persons, depending on the angle of the view) took the first class on mediation in Greece (organised by CIArb) and a little later, they received the CIArb accreditation. A few more persons of the same mindset took…

Two days ago I attended a birthday party – one of Germany’s most active consumer conciliation bodies celebrated its ten-year anniversary. There was an interesting panel discussion on the role of consumer conciliation in Germany and in Europe, particularly given that the European Union has attempted to promote this service through its DIRECTIVE 2013/11/EU on…

Introductory Remarks Nine years after the enactment of Law 3898/2010, which was the first piece of legislation to regulate mediation in Greece in compliance with Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters, and almost one year and a half after its replacement by Articles 178-206 of Law 4512/2018, Law 4640/2019…

Is this yet another case in which New York is setting global trends? By the end of the year, the state courts in New York are due to have a system in place requiring that civil and commercial disputes be resolved through presumptive mediation. “Presumptive mediation” means an “automatic”, pre-trial, statewide program of court-sponsored ADR….

To paraphrase a worldwide cliché, you wait decades for a Mediation Act and two come along at once. On this typically dreich Scottish summer afternoon I find myself in the surprising position of examining two distinct proposals for mediation legislation. Why surprising? This blog has carried news of a succession of mediation acts in countries…