Tag Archives: mediation

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 … Continue reading

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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.

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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), … Continue reading

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Mediators’ Neutrality

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

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