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...

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...

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