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...read more
Is a dispute resolution clause providing for mediation enforceable? What is the legal basis for enforceability?
A dispute resolution clause that provides for mediation is enforceable in principle provided that the usual legal requirements of contract law are met. However, such a clause in practice can be undermined if it is not well-drafted, particularly...read more
Liability – What immunities or potential liabilities does a mediator have? Is professional liability insurance available or required?
There is no statutory requirement under UK domestic law to have any training, experience, professional accreditation or membership of a body in order to describe oneself as a ‘mediator’. However, in practice, unless a recognised course of...read more
The Centre for Effective Dispute Resolution’s 10th biennial audit, in conjunction with the Civil Mediation Council, makes for some interesting and positive reading for developments in the commercial mediation space since the last audit in 2020. The audit provides a...read more
Given the substantial time, expense and uncertainty that parties can face in litigation, and the limit to the resources available to the courts for the conduct of litigation, mediation in particular, and other forms of ADR, are strongly...read more
Has your state signed and ratified the UN Convention on International Settlement Agreements Resulting from Mediation or is it expected to do so?
The UK has not signed and ratified the Singapore Convention. However, the Convention can still apply to a mediation that takes place in the UK in circumstances where the commercial settlement agreement satisfies the requirements to be...read more
Is there any legal definition in your jurisdiction of the terms ‘ADR’, ‘conciliation’ and ‘mediation’?
‘ADR’, ‘conciliation’ and ‘mediation’ are not legally defined by UK domestic law. ‘ADR’ is commonly understood to describe all dispute resolution methods other than court proceedings and arbitration. The Civil Procedure Rules generally describe...read more
1. How many years have you been an arbitrator? What made you choose arbitration and how does your previous experience help in this regard? I have been an arbitrator for no less than 25 years. I know this because 25 years ago I drove in a classic car rally from Peking...read more
Geopolitical issues, Russia and maintaining ‘business as usual’ with mediation for commercial relationships
A POIGNANT MOMENT IN HISTORY 24 February 2022 will go down in history as a significant turning point following the collapse of the Soviet Union between 1988 and 1991 and, in particular, the pivotal event of the fall of the Berlin wall on 9...read more