Congratulations to Concordis for its nomination for the Nobel Peace Prize
A pilot scheme disclosing more court litigation documents to the public domain heralds another reason why mediation is preferable to litigation.
As from 1st January 2026 a two-year pilot scheme will extend the range of Public Domain Documents (PDDs) in the Commercial Court and London Circuit Commercial Court of the King’s Bench Division, and the Financial List (Commercial Court and Chancery Division) (the Pilot Courts). It is anticipated that when the scheme is reviewed in mid-2026, […]
Presenting ‘An Introduction to Mediation’ and ‘The Science of Conflict’ to the British Virgin Islands Bar Association
https://www.linkedin.com/posts/british-virgin-islands-bar-association-923560142_mediation-bvibarassociation-activity-7328403028548415489-PmtD?utm_source=share&utm_medium=member_desktop&rcm=ACoAAAZKE8wBGol8GmnRbgbpUkUoo-lgPBiKXxE On Monday 12th May, the Director of The Mediation Specialists, Sheila Gooderham, gave two presentations to the British Virgin Islands Bar Association and stakeholders at the BVI International Arbitration Centre, Road Town, Tortola. Ann Allen Encontre, who is a member of The Mediation Specialists, is a lawyer mediator and former Registrar of the Supreme […]
An urgent warning for all mediators about the risk to confidentiality caused by AI note taking on tech used in the mediation process.
One of my fellow mediators at The Mediation Specialists, Judith Hogarth, recently came across a salutary anecdote from a mediator’s post online (see below) about the inadvertent use of AI notetaking by a client. It provides an important warning for all mediators about the real-world challenges AI poses in our efforts to maintain confidentiality during […]
“Mediation should be a continuous process, not a single attempt” Sir Geoffrey Voss, Master of the Rolls and Head of Civil Justice in England & Wales
Sir Geoffrey Voss was speaking the November 2024 Civil Mediation Council Conference about how mediation is now enshrined within the court process as a more appropriate form of dispute resolution for achieving successful outcomes in so many disputes. A year after Sir Geoffrey presided over the Court of Appeal case of Churchill v Merthyr Tydfil […]
Post election, civil and commercial mediation and family mediation can help our creaking justice system.
Civil and commercial mediation, together with family mediation, has an important part to play in restoring confidence in, and easing the burden on, the justice system. The state of the criminal courts and prisons became topical in the recent election campaign with all three of the main parties. However, whilst the Liberal Democrats did promote […]
Changes to Family Procedure Rules-the need for more early mediation and dispute resolution
This years’ changes to Practice Direction 3A of the Family Procedure Rules should, we hope, make a difference in persuading more family law litigators and their lawyers to seek alternative ways to resolve family disputes other than the lengthy and costly route of litigation with all the stress and uncertainty that going to court involves […]
How Lawyer-Mediator cooperation creates successful outcomes. By Kevin Smyth
Dispute Resolution Lawyers and Mediators, and many are both, know from long experience that timely and thorough preparation significantly enhances the chances of good outcomes being achieved whether it be at a trial or a mediation. This blog focuses on that required in the case of the latter, and particularly so when it comes to […]
Churchill v Merthyr Tydfil County Borough Council: “Ivory tower rubbish” or an opportunity for positive change for litigators and their clients alike?
Change is often difficult to accept. It can feel threatening and often creates resistance, particularly if the change is unwanted and perceived to be detrimental. Therefore, it is natural to find a flurry of negative reactions from lawyers to the Law Society Gazette’s reporting on the Court of Appeal’s judgement in the case of Churchill […]
As of today, the courts of England and Wales can order parties to mediate once more.
After a twenty year hiatus, the courts in England and Wales can, once more, lawfully order parties to court proceedings to engage in a non-court based dispute resolution process, such as mediation. In their judgement this afternoon, in the case of CHURCHILL V. MERTHYR TYDFIL COUNTY BOROUGH COUNCIL Appeal No: CA-2022-001778, The Court of Appeal […]