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Legal Representation and the Use of Witnesses in Commercial Mediation In the context of commercial mediation in England, parties often seek clarity on whether legal counsel should attend and whether the use of fact or expert witnesses is appropriate. These...

In London, which is the most popular venue for the resolution of international commercial disputes, it is arguably unnecessary to include a mediation clause in your contract because lawyers have a professional duty to advise on the best form of dispute resolution...

Mediation has become a widely used method of resolving disputes in the United Kingdom, particularly in commercial contexts. It offers a structured yet flexible approach, allowing parties to negotiate settlements outside of the courtroom. This blog post outlines the...

In the realm of dispute resolution, commercial mediation has emerged as a cornerstone of efficient and effective conflict resolution. With businesses constantly navigating complex relationships and legal obligations, mediation offers a practical alternative to the...

Is a dispute resolution clause providing for mediation enforceable? What is the legal basis for enforceability? A dispute resolution clause that provides for mediation is enforceable in principle provided that the usual legal requirements of contract law are met....

Legal disputes are often complex, heated, and costly. But what if there was a way to resolve these disputes that is more collaborative, effective, and based on mutual interests? Welcome, commercial lawyers, to the expansive world of mediation. As a commercial lawyer,...

Mediation is the most popular of a range of dispute resolution methods covered by ADR. The terminology here can be somewhat confusing. Some say that ADR stands for ‘alternative dispute resolution’ (ie, an alternative to traditional litigation and arbitration); others...

Following the handing down of the ground-breaking judgment by the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council on 29 November 2023, which removed a long-standing thorn in the side of mediation, positive developments continue to roll out at pace...

The overriding message is to listen rather than advocate. Advocate is what the lawyer does in litigation or arbitration – to present the client’s case in the best light. But in mediation it’s all about underlying interests. There is the apocryphal story of the orange...