News
News
Must courts and tribunals stay their proceedings in favour of mediation? Are arbitrators under a similar duty?
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...
Artificial Intelligence and Digital Watermarking willTransform Copyright Arbitration and Dispute Resolutionfor 3D Printing: An Empirical Analysis
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...
Churchill v Merthyr Tydfil – Mediation, Unknotted
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...
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...
07876 232 305
mediation@lux-mediation.com
Jonathan Lux is Regulated by the Bar Standards Board | Data Protection Privacy Notice | Website Terms of Use