The Court of Appeal decision in Churchill v Merthyr Tydfil Borough Council [2023] marks a significant development in the area of mediation and other forms of alternative dispute resolution (ADR) in the context of Court proceedings. For clients involved in litigation, this case represents a shift in the Court’s approach to mediation, potentially impacting how…
In a world where business disputes can drag on for years and generate exorbitant costs, mediation stands out as an efficient path to resolving conflicts more quickly and economically. However, when third-party litigation funding is involved, the dynamics shift significantly. The key question is: does litigation funding encourage mediation, or does it become an obstacle…
I. Introduction Part I of this 2-part series, dealt with the following aspects of the Act: the underlying objective behind enforcement of the Act; the scope of applicability of the Act; how does the Act define the term “Mediation” and the significance of that definition; and lastly, the meaning of a “mediation agreement” as…
“Beat your ploughshares into swords, and your pruning-hooks into spears.” Surely some mistake, I thought; shouldn’t it be the other way round? Swords into ploughshares and spears into pruning-hooks? It was during Evensong at the magnificent Liverpool Cathedral a few weeks ago that this reading from the Old Testament Book of the prophet Joel caught…
This post was drafted by Leonardo D’Urso, Julia Radanova, and Constantin Adi Gavrila. Introduction In the variegated landscape of European legal systems, mediation has often been overshadowed by traditional litigation. Yet, the winds of change are blowing, particularly with the emergence of soft mandatory mediation models. Among these, Italy’s opt-out model stands as a beacon…
I’ve just been in London presenting at the terrific UIA Mediation Forum and my daily train travels constantly exposed me to this image. As the conference themes developed, the image took on an even more significant meaning for me. Let me explain. An early speaker, Kimberlee Kovach (Founding Officer and Past Chair of the…
The Magic in Mediation This is a longer blog post than is normal but I will not be alone in describing Ken Cloke as one of the most influential figures in my life, both professionally and personally. Ken’s wisdom and humanity, expressed so well in his many books and seminars, have been hugely important to…
Mediation has long been used as a method of resolving disputes. Indeed, the practice of combining mediation and arbitration by the same neutral has been traced back to ancient Greece and Ptolemaic Egypt[1]. In his paper “Varieties of Dispute Processing”, presented to the 1976 Pound Conference, Harvard Professor Frank E.A. Sander proposed that, instead of…
Dispute resolution competitions are a rich learning space for students. My 15+ years coaching teams from my university to compete internationally were a rich experience for me and I enjoy continuing opportunities to be part of the competition community nationally and internationally. It has also been my great good fortune to observe and judge hundreds…
