by UWD Admin | Dec 7, 2023 | Mediation
Following the handing down of judgment by the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council (“Churchill”) on 29 November 2023, a long-standing thorn in the side of mediation, and other forms of alternative dispute resolution (“ADR”), in the form...
by UWD Admin | Oct 14, 2023 | Mediation
Mediation is commonly understood to have about an 80 per cent (four out of every five cases) success rate on the day of the mediation itself and often, if not resolved on the day, enables the dispute to be settled shortly thereafter, the mediation usually having...
by UWD Admin | Sep 18, 2023 | Mediation
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...
by UWD Admin | Jul 24, 2023 | Mediation
A dispute resolution clause that provides for mediation is enforceable in principle provided that the usual legal requirements of contract law are met. However, such a clause in practice can be undermined if it is not well-drafted, particularly if it is not adequately...
by UWD Admin | Jun 19, 2023 | Mediation
There is no statutory requirement under UK domestic law to have any training, experience, professional accreditation or membership of a body in order to describe oneself as a ‘mediator’. However, in practice, unless a recognised course of training has been completed...
