Mediators’ Neutrality

Mediators are described as independent, impartial and neutral. What does this mean?  Continue reading

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Mandatory Mediation – will it work?

Parties to most disputes are currently told that the mediation process is voluntary. And many volunteer not to explore the option further. However, the balance of voluntary participation in mediation is subtly changing. Recent government initiatives are said to be responses to the pressures on the court and tribunal system. Is this a creeping movement towards making mediation mandatory?  Continue reading

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LASPO 1 year on – where’s Mediation now?

When the government sought to reduce civil legal aid expenditure by taking specific areas of law out of scope, it comforted itself that disputes could still be solved, but more cheaply, by the increased use of mediation. Since then the news has consistently reported an alarming reduction in the use of mediation, particularly family mediation. What’s going on? Continue reading

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David Watkinson reflects on ‘What went wrong with Mediation?’

So why is there less resort to mediation happening than might be expected, considering all the advantages? Because, as suggested by the article circulated by mediationworld this February, http://www.mediate.com/articles/GavrilaAbl20140207.cfm  these advantages are less apparent to parties to a dispute (users) than they are to mediators and courts – and for good reason. This article is a healthy “reality check” for mediators, rather than by them. Continue reading

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Mediation Takes Time – Helen Curtis marks mediation time

It seems a long time ago since I bemoaned the ending of my Italian holiday. Today, four months later, the cheque arrived! I hadn’t had the chance to meet with anyone from Trenitalia to tell them how I felt, but I was very grateful for the existence of their mediation service which enabled me to receive compensation for the extra tickets I’d had to buy.
It struck me that although four months have passed, they hadn’t been silent months. Continue reading

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PGF II SA v OMFS Company 1 Ltd – The Court of Appeal decides

Most litigants now know that silence is not golden. Could the defendant in PGF II SA v OMFS Company 1 Limited [2013] EWCA Civ 1288 (http://www.bailii.org/ew/cases/EWCA/Civ/2013/1288.html) have foreseen that the price of silence would have been over £500,000?  Time will tell how many litigants appreciate the potential cost of silence has just turned platinum. Continue reading

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Helen Curtis applies to the Mediation Commission

Rail travel is more eco-friendly. And slower. Which is great when you’ve got time to look at the scenery and not so great when your train is so slow and delayed that you risk not getting to Rome in time to connect with the overnight sleeper to Paris. When our very late train limped into Naples we knew we had no chance of getting to Rome in time. Except there is Frecciarossa – that’s a very fast train, (and nothing to do with ferrero rocher). Frecciarossa – maybe the Italian version of HS2? – offered the chance of getting to Rome 10 mins before the sleeper left and was leaving Naples in less than 10. We ran around the station with the rest of the frenetic crowd. Confusion reigned with everyone asking how they could get to wherever they wanted to go. The credit card took the hit for new tickets, we jumped on the Frecciarossa and willed the train to go fast enough.

Back in London, Trenitalia offered a complaints process. I completed the form asking for the cost of tickets to be reimbursed and sent it off. Continue reading

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