header-logo header-logo

04 February 2022 / Paul Dorrans , Camilla Pratt
Issue: 7965 / Categories: Features , Procedure & practice
printer mail-detail

Mediation: a compelling case?

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

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll