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 […]
Peace building on the front line-the work of Concordis International
The Civil Mediation Council annual conference, held on 15th and 16th November 2023 was, as ever, packed with great speakers and content. Talks ranged from what to expect post Halsey and the future integration of mediation in to the court process, neurodiversity in mediation, the possibilities of restorative schools and learning from mediating between armed […]
“The Direction of Travel” for Mediation and ADR in the Courts of England and Wales.
Today, in the Court of Appeal (Civil Division), Lady Chief Justice, Master of the Rolls and Lord Justice Biras commenced the hearing of a potentially pivotal case in the determination of the role of mediation as a mandated precursor to, or alternative to, court litigation. This case is so important that leave to intervene has […]
The Mediation Specialists’ new website gives you direct access to your mediator of choice.
In an era where mediation is being increasingly promoted by the judiciary and Ministry of Justice alike, we know that informed decisions about the suitability, or not, of mediation to specific cases has never been more essential to lawyers and their clients alike. Since the launch of our original website in 2010, The Mediation Specialists […]