header-logo header-logo

Mediation: a compelling case?

04 February 2022 / Paul Dorrans , Camilla Pratt
Issue: 7965 / Categories: Features , Procedure & practice
printer mail-detail
71108
With the judiciary’s increasing willingness to be flexible on compulsory ADR, Paul Dorrans & Camilla Pratt look ahead to what may come next
  • The scope of the order made by Master Davidson in which the parties were directed to ‘meaningfully’ engage in mediation, and were permitted to rely on evidence of the parties’ conduct in mediation in support of an application on costs.
  • Existing trends and procedural mechanisms to facilitate alternative dispute resolution (ADR).
  • The issue of compulsion in mediation.
  • Issues to consider for the future.

Innovation and creativity are central to success in mediation. It is perhaps no surprise then to see the same qualities reflected in a novel order made before Christmas 2021 by Master Davidson, in which the parties were directed to ‘meaningfully’ engage in mediation and given the ability to police compliance with the order by reference to conduct in the mediation itself.

Although the order was made by consent, its text is significant and reflects a growing trend towards the enhanced use of innovative

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
back-to-top-scroll