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News
Admiralty Dispute Mediation
“Why didn’t you keep clear? “I was keeping clear until you altered course into me!” “Didn’t you see my deep draught signals?” “We were in 100 metres of water!” Nothing unusual with the dialogue – two vessels in collision both blaming the other. Each side is convinced...
An introduction to SCRIBE: Small Claims Resolved Informally by Experts
For parties with small or fairly straightforward disputes, a new process of resolution has been introduced. Known as SCRIBE, Small Claims Resolved Informally by Experts is a procedure designed to deal with disputes quickly and cost-effectively. SCRIBE is the creation...
The role of mediation in steering businesses out of lockdown
As businesses work hard to regain ground post-lockdown, they risk being swamped with claims and disputes resulting from problems caused by the disruption. Litigation can be crippling, both with regards to the time taken to deal with it and to the financial cost. At a...
A note from Jonathan Lux, of Lux Mediation
We mediation enthusiasts often speak of ‘win, win’ outcomes and, with excellent reason when one considers the 80:20 rule. Research shows that in many cases 20 per cent of costs incurred in litigation or arbitration are spent acquiring 80 per cent of the evidence, and...
The Future is now: International Mediation
Dispute Resolution: Where have we come from and where are we going? Well, in England & Wales it started with trial by combat– Quite literally, the physically stronger would win. We then progressed to the King’s or Queen’s justice – the Sovereign travelling the...
EU Law and Mediation
EU law impacts in two main ways on Mediation. First, initial steps have been taken by the EU legislature to ensure cross-border mediation, amongst other forms of ADR, is available subject to a framework of common principles, generally, and in particular to consumers,...
Alternative Dispute Resolution success over the past twenty years
One of the key aims of the Woolf reforms and the 1999 Civil Procedure Rules (CPR) was to increase the use of alternative dispute resolution (ADR). The intention was to reduce the time and expense involved in resolving disputes. This is particularly advantageous for...
Mediation requires communication and an effective mediation requires effective communication
Video mediation is here to stay, but does it fulfil a purpose for all mediations – corporate, commercial, civil, community, family and HR disputes? ”What you see and what you hear depends a great deal on…what sort of person you are.” C.S.Lewis Mediation requires...
Dispute resolution and mediation during the COVID-19 disruption
With a rise in commercial disputes caused by difficulties during the COVID-19 pandemic, businesses are increasingly having to examine their legal position and consider what action they can take to protect themselves and enforce their rights. But with courts struggling...
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