Insights
December 2023
Compulsory mediation
In a significant moment for mediation, the highly anticipated Churchill judgment overturns the decision in Halsey, confirming it is not a breach of human rights to integrate mediation into the court process and, where appropriate, to order parties to mediate.
The Court of Appeal has decided that the courts can lawfully stay proceedings or order the parties to engage in non-court-based dispute resolution processes which include mediation.
https://civilmediation.org/court-of-appeal-intervention/
November 2023. Civil Mediation Council (CMC) November 2023 article.
Leap of Faith or a Fresh Approach?
Mediator Phillip Selby challenges UK law firms to look towards newly qualified mediators to meet their clients’ expectations.
Newly qualified mediators bring a fresh perspective and forward looking approach, and possess the necessary skills to facilitate negotiations effectively.
Musings of a Newly Qualified Mediator
https://civilmediation.org/musings-of-a-mediator/
November 2023.
Compulsory mediation
Court of Appeal considers the case of Churchill v Merthyr Tydfil County Borough Council. Three judges this week will be hearing what many are seeing as a landmark case over the concept of compulsory mediation. Three dispute resolution bodies are aiming to overturn a 2004 Court of Appeal decision that determined that compelling parties to mediate was a breach of provisions in the European Convention on Human Rights that guarantee the right to a fair trial.
https://www.thetimes.co.uk/article/knotweed-case-will-test-compulsory-mediation-kmgjp5dgb
November 2023
In Place of Strife - article - What do business Clients desire from their mediator?
Mark Linnell provides an observation and opinion that clients desire a mediator who understands the intricacies of commercial disputes and the broader business context. A mediator’s ability to comprehend the specific industry, regulatory landscape, and economic considerations is paramount.
A mediator who can flexibly navigate through changing circumstances, remain calm, and adjust their approach accordingly is highly prized.
https://mediate.co.uk/blog/what-do-business-clients-desire-from-their-mediator/