News

Why Mediations fail?  Optimism Bias – our inability to process the negative Below is part of an article written by: Tali Sharot, Christoph W Korn and Raymond J Dolan have researched about how our brains process what we don’t wish to hear less than they process what we...

"If all the misery could be just burnt away…" Charles Dickens "Suffer any wrong that can be done you rather than come here" was Dicken's advice on litigating over an inheritance dispute.  I suppose I have a love:hate relationship with probate disputes. I love what it...

Just think about what happened in the Barden mediation, Barden v Commodities Research Unit International (Holdings) Ltd and others 2013 EWHC 1633.  The parties did not discuss the tax implications of settlement in the mediation and the mediator did not ask.  When the...

"It is change, continuing change, inevitable change that is the dominant factor in society today.  No sensible decision can be made any longer without taking into account not only the world as it is, but the world as it will be." Isaac Asimov Why not consult us about...

NHS Complaints – Crying out for Mediation Ann Clwyd MP was appalled by the treatment of her husband in hospital as he died. David Cameron, moved by her account, appointed her earlier this year to advise on NHS complaints handling in the wake of the Francis enquiry....

A Golden day for Mediation: The Court of Appeal has resoundingly affirmed the need for parties to actively engage in an invitation to mediate. They can no longer bury their heads in the sand, and ignore such an invitation. Lord Justice Briggs, in giving the main...

Sir Alan gave an amusing speech to a room packed with eager listeners on 9 October 2013 at the Academy of Experts.. He gave his own views, personal and separate from the CMC such as: 1  There are two many trainers churning out too many mediators with no further...

Is there a need for more regulation in ADR/mediation? At the Opening of the Legal Year Seminar in Inner Temple on Monday 30 September 2013, Toby Landau QC gave an excellent outline of the problems of trying to create a harmonized standard in arbitration. The...

The Court of Appeal confirmed that solicitors cannot be held responsible for parties not reaching a Settlement Agreement in Mediation.  (Neither can mediators in our view.) The Court of Appeal confirmed the ruling of the court below that the defendant solicitor owed...

There may be many differences between commercial mediation and community mediation but ultimately we are all human beings with feelings and a desire to meet our needs as best we can.  Often personality types create more similarities across different types of mediation...