header-logo header-logo

15 April 2016 / Martin Burns
Issue: 7694 / Categories: Features , Profession , ADR
printer mail-detail

Do not pass go

001_nlj_7694_burns

Martin Burns considers the situations when mediation may be unsuitable

Mediation is a practical and sensible method for resolving an immense range of disputes. There is plenty of first-hand testimony to demonstrate the effectiveness of mediation, and it is increasingly being used in both commercial and consumer markets.

It is particularly useful where parties want to be in charge of the process and timetable, and retain control over the ultimate decision on their dispute. Mediation is nearly always the right way to go when parties believe their differences can be resolved through discussion, and they are willing to cooperate in finding solutions.

Parties often want to resolve their differences in private, particularly if they are worried about the possibility of commercially sensitive or personal issues becoming public, as would happen if their dispute ended up in court. Mediation is especially attractive where there is desire to maintain continuing relationships, which could be damaged in adversarial forums such as arbitration or litigation.

But mediation may not always be suitable. There are certain situations where

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll