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...
by UWD Admin | Apr 11, 2023 | Mediation
The Centre for Effective Dispute Resolution’s 10th biennial audit, in conjunction with the Civil Mediation Council, makes for some interesting and positive reading for developments in the commercial mediation space since the last audit in 2020. The audit provides a...
by UWD Admin | Feb 21, 2023 | Mediation
Given the substantial time, expense and uncertainty that parties can face in litigation, and the limit to the resources available to the courts for the conduct of litigation, mediation in particular, and other forms of ADR, are strongly encouraged by the courts. This...
by UWD Admin | Jan 16, 2023 | Mediation
The UK has not signed and ratified the Singapore Convention. However, the Convention can still apply to a mediation that takes place in the UK in circumstances where the commercial settlement agreement satisfies the requirements to be international under the...
