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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...

History Mediation is the most popular of a range of dispute resolution methods covered by the acronym ‘ADR’: alternative dispute resolution. The terminology here can be somewhat confused. Some say that ADR stands for ‘alternative dispute resolution’ (ie, an...

Daniel Ricciardo is renowned for his smile and has managed to keep it up despite facing troubles on and off the track (Lars Baron/Getty Images)GETTY IMAGES Legal experts have warned that Formula One drivers could face an increased risk of being...

The increasing recognition that mediation has significant advantages over other dispute resolution options, inevitably leads to an increase in demand for mediators. In alignment with economic principles an increase in demand results in a supply increase and the...

“Mediation is primarily a state of mind. It is a way of thinking and behaving differently, with a humanistic regard towards a dispute. Disputes are a regular occurrence of life, and may have good or bad consequences depending on how they are dealt with.” In 2006, the...

A draft proposal for a mediation bill has been lodged with the Scottish Parliament for consultation. The Mediation (Scotland) Bill, proposed by Margaret Mitchell, MSP for Central Scotland, seeks to increase the use and consistency of mediation in Scotland. The draft...

One of the main selling points of mediation is that it is cost effective, others include; confidentiality; discretionary; the parties control the outcome; quickness of process; opportunities to preserve ongoing relationships and the resolution can include wider...

Litigation is heavy duty and, according to at least one High Court Judge, arbitration is ’unwigged’ court proceedings: similar in terms of time and cost but the arbitrator doesn’t wear a wig (although some undoubtedly should!). What then with mediation: the 80:20 rule...