header-logo header-logo

24 May 2007 / Tony Allen
Issue: 7274 / Categories: Features , ADR
printer mail-detail

Tough talking

Do reality-testing, risk analysis and evaluation offer a new model for co-mediation? asks Tony Allen

There has always been debate about the extent to which mediators should evaluate the prospects of parties’ success at trial. UK parties and lawyers have instinctively responded less well to bullish interventions by mediators, perhaps reflecting the reluctance with which mediation itself has been embraced here overall.

Ever since the early days of mediation here, lawyers have frequently sought mediators with sector experience which fits with the overall habit of lawyers in English litigation of having someone with an apparently suitable reputation to whom responsibility can be passed for sorting out a problem.
Of course, lawyers who have proposed or gone along with the nomination of a mediator with their client’s knowledge and approval want that mediator to look competent in technical areas relevant to the dispute. But do they actually want the mediator to ask awkward questions of their team? Wise lawyers will welcome this, but might be tempted to think that a facilitative mediator, less inclined to ask probing

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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll