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Introduction Mediation has become an integral part of dispute resolution in England, particularly in the commercial sphere. Its growth reflects a broader shift within the civil justice system toward encouraging settlement, reducing litigation costs, and promoting more...

Conflicts of interest sit at the heart of mediation ethics. The legitimacy of the mediation process depends heavily on the neutrality and impartiality of the mediator. Even the appearance of bias can undermine trust between parties and jeopardise the enforceability or...

When a dispute arises, choosing the right mediator can feel like a mystery. Is someone simply “picked”? Are mediators appointed by a court? Can parties choose their own? The short answer: there’s no single route. How a mediator is appointed depends on the type of...

Are They Required, and What Do They Usually Contain? Mediation has become an increasingly important part of dispute resolution in England and Wales, encouraged both by the courts and by pre-action protocols. A common practical question for parties and mediators alike...

Mediation is designed to provide parties with a confidential, efficient, and voluntary route to resolving disputes. When successful, it results in a settlement agreement that is contractually binding and may now be internationally enforceable courtesy of the Singapore...

Introduction In the landscape of commercial dispute resolution, mediation has become an increasingly popular alternative to traditional litigation. Once viewed as a supplementary process, mediation is now recognised as a powerful tool for resolving commercial...

Are There Rules Governing the Mediation Procedure? If Not, What Is the Typical Procedure Before and During the Hearing? In England, commercial mediation is widely recognised as a flexible and efficient alternative to litigation or arbitration. Unlike adjudicative...

Legal Representation and the Use of Witnesses in Commercial Mediation In the context of commercial mediation in England, parties often seek clarity on whether legal counsel should attend and whether the use of fact or expert witnesses is appropriate. These...

In London, which is the most popular venue for the resolution of international commercial disputes, it is arguably unnecessary to include a mediation clause in your contract because lawyers have a professional duty to advise on the best form of dispute resolution...