News

Before you think of court proceedings

Consider mediation because before you go to court you are meant to follow the general or specific pre-action protocol that applies to your type of case and as you can see below in paragraph 3. (d) you must consider a form of ADR to assist with settlement. The specific...

Hard Wired Prejudice

HARD WIRED PREJUDICE Scientific research has shown that the human brain responds more strongly to information about groups of people portrayed unfavourably.  This suggests the negative depiction of ethnic or religious minorities in the media can add to prejudice....

No Fester Zone

We like the Academy of Chief Executives concept of No Fester Zone: Conflict: Deal with it! – By Andrew B Morris The Academy has a term called a ‘NO FESTER ZONE’meaning that as soon as a potential misunderstanding emerges, it is tackled immediately. If it’s allowed to...

When the other side refuse to mediate, what can you do?

No mediator can authorise the breaking of the confidentiality of mediation.  It is sacred to the professionalism of being impartial, independent and neutral as well as to allow the parties to speak without fear of any comeback.  It is necessary for us to remain in...

Costs consequences of not mediating

Cases about the question of unreasonable refusal to mediate have shown that it is not safe for any litigant or their lawyers not to consider any suggestion of mediation from the other side. This is separate from the need to do substantive risk assessments throughout...

Mediate instead

Many small businesses will be doubtful about issuing proceedings from today as court fees hugely increase to 5% of the damages between £10,000 and £200,000. So court fees will start at £500 for a claim of £10,000 and go up to £10,000 for a claim of £200,000 and...

Toxic disputes?

Compulsory Mediation for toxic disputes, particularly neighbours and boundaries, is being discussed. A Conservative MP, Charlie Elphicke has pledged to continue his campaign for compulsory mediation in boundary disputes although the idea was rejected by the government...

Mediate to avoid court fees?

The review of court fees currently being considered includes charging a court fee to commence proceedings based on 5% of the amount claimed which would apply to claims above £10,000 up to a maximum fee of £10,000 (i.e. on a claim of £200,000).  So for SMES and any...