by UWD Admin | Feb 13, 2024 | Mediation
Courts and tribunals in England and Wales are not under a general express obligation to stay proceedings in favour of mediation. However, Rule 26.4(1)-(3) of the Civil Procedure Rules (CPR) provides that ‘a party may, when filing the completed directions...
by UWD Admin | Jan 16, 2024 | Mediation
Artificial intelligence (AI) has been the subject of much discussion in terms of its applicability to law. This paper focuses on the use of AI in copyright arbitration and dispute resolution for three-dimensional (3D) printing (3DP). Its main argument is that laws...
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...
