Is there a value to mediation in unlawful detention cases?

In January 2015 figures released by the Home Office following a Freedom of Information request reveal that 20 migrants have spent at least 722 days in detention under immigration powers. A snapshot of the situation in September 2014 showed that in total, 3,378 people are detained solely under Immigration Act powers. Continue reading

Posted in Uncategorized | Tagged , , , , , | Leave a comment

Halsey: PGF: ADR

It’s ironic that the decision whether or not to mediate can give rise to more litigation, this time over costs where the Claimants resisted the Defendant’s desire, having won, for his costs to be paid on an indemnity basis. Continue reading

Posted in Uncategorized | Tagged , , , , , , | Leave a comment

Mediation, timing and case management

Often parties will agree to stay proceedings for 2 or 3 months in order for mediation to be explored. This may be at the behest of one of the parties or prompted by a judge who views the case as being suitable for mediation. Now Mr Justice Coulson in CIP Properties (AIPT) Ltd v Galliford Try Intrastructure Ltd & others questions whether applying for a stay is the correct approach – and says it isn’t. Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment

Northrop Grumman Mission Systems Europe Ltd v BAE Systems (Al Diriyah C4i) Ltd

Here is another judicial endorsement to those already embarked on court proceedings to refer to the ADR Handbook, to remind parties of the risk of refusing to mediate and consider the issue of costs if an offer to mediate is not taken up. Continue reading

Posted in Uncategorized | Tagged , , , , | 1 Comment

Agreeing not to meet in mediation

Many disputes, suitable for mediation, are over the ownership of land and use of and access to space. Boundaries which aren’t agreed, communal areas accommodating diverse interests, levels of noise between proximate buildings all trigger strong emotional responses. The people on either side of the fence – literally – perhaps disputing the height of the hedge, are all suffering. Many struggle to think of a resolution as they are stuck in a belief that they are right and the other person is wrong and the middle ground is unavailable, invisible, not to be given in to. Where do they go from here? Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment

ODR and ADR – Are we ready?

The ways in which we choose to communicate have expanded. People used to meet to speak and physically walk into a shop to buy goods. Now the  telephone means voices are heard without faces and the internet allows us to shop from wherever we are. How easy though is it to resolve a dispute after an online transaction goes wrong? The EU-wide platform is designed to make it easier for consumers to be confident internet shoppers. Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment

Refuse mediation? Be prepared to pay

Liz Davies illustrates how refusing to mediate is frowned upon by judges and can lead to an indemnity costs order.

Yet again, party punished for refusing mediation. In Garritt-Critchley & others v Ronnan, Solarpower PV Ltd [2014] EWHC 1774 (Ch), HHJ Waksman QC ordered indemnity costs against the Defendants because of the Defendant’s refusal to mediate. Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment