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News
What is the likelihood of a commercial mediation being successful?
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...
Making the most of the mediation opportunity
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...
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. However, such a clause in practice can be undermined if it is not well-drafted, particularly...
Liability – What immunities or potential liabilities does a mediator have? Is professional liability insurance available or required?
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...
CEDR’s 10th Biennial Mediation Audit – Cause for Optimism
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...
To what extent, and how, is mediation encouraged in your jurisdiction?
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...
Has your state signed and ratified the UN Convention on International Settlement Agreements Resulting from Mediation or is it expected to do so?
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...
Is there any legal definition in your jurisdiction of the terms ‘ADR’, ‘conciliation’ and ‘mediation’?
‘ADR’, ‘conciliation’ and ‘mediation’ are not legally defined by UK domestic law. ‘ADR’ is commonly understood to describe all dispute resolution methods other than court proceedings and arbitration. The Civil Procedure Rules generally describe...
SCMA – Knowledge Sharing – Conversation with Our Panel Arbitrator: Mr. Jonathan S. Lux
1. How many years have you been an arbitrator? What made you choose arbitration and how does your previous experience help in this regard? I have been an arbitrator for no less than 25 years. I know this because 25 years ago I drove in a classic car rally from Peking...
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