by Cristina Admin | Nov 12, 2024 | Mediation
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....
by Cristina Admin | Oct 17, 2024 | Mediation
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,...
by Cristina Admin | Aug 18, 2024 | Mediation
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...
by UWD Admin | Jun 4, 2024 | Mediation
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...
by UWD Admin | Apr 9, 2024 | 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 | Mar 21, 2024 | Mediation
Is there a professional body for mediators, and is it necessary to be accredited to describe oneself as a ‘mediator’? What are the key requirements to gain accreditation? Is continuing professional development compulsory, and what requirements are laid down? There is...
