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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...

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...

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...

Online or e-dispute resolution has long been a beneficial option for resolving business disagreements, even before the spread of COVID-19. With the current disruption and bans on travel and meetings in many countries, using remote mediation means that companies still...

The benefits and opportunities of remote mediation or online dispute resolution (ODR) are presently being highlighted by travel restrictions and working from home policies imposed by many companies and individuals. Such work practices are becoming the norm due to...

Using two mediators to resolve a dispute offers numerous advantages and can be particularly beneficial in cases involving different cultures. A dispute involving parties from diverse backgrounds can be harder to mediate because of the risk of misinterpretation of...

The aim of this article is to assist the Parties, and their legal representatives, to shift the focus from legal issues and prepare for mediation in order to find a resolution. 1. For the Party in dispute to consider. Realism; what do you need to achieve? What...

There are a number of different mediation processes that an experienced mediator can use to resolve a dispute. In most commercial disputes, either facilitative or evaluative mediation is used, with a less common third option of transformative mediation. We look at the...