Author Archives: resolution
Joint intervention success as Churchill judgement allows the courts to order parties to mediate In a significant moment for mediation, the highly anticipated Churchill judgement overturns the decision in Halsey, confirming it is not a breach of human rights to integrate mediation into the court process and, where appropriate, to order parties to mediate. CMC, […]
Read MoreWhy is the first week in January called “National Divorce Week”? Web Searches for ‘divorce’ on GOV.UK are 55 per cent higher in early January than in early December (456 searches in first week of January compared to 294 in first week of December). The government in 2013 introduced major changes designed to ensure that […]
Read MoreDate: 6th June 2024 The High Court has highlighted the dangers of refusing to mediate in disputes that are suitable for Alternative Dispute Resolution (ADR). In Phillip Garritt-Critchley & Others v Andrew Ronnan and Solarpower PV Limited [2014] EWHC 1774 (Ch), His Honour Judge Waksman QC sitting in the Chancery Division, Manchester District Registry […]
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In April 2013, the Government started to reform civil litigation funding and costs in England and Wales, which is predicted to a give a significant rise in the appeal and popularity of the process of mediation. Lord Justice Jackson, a highly experienced member of the Court of Appeal, was asked by the current Government to […]
Read MoreThe Defamation Act 2013 introduced a new “serious harm threshold” designed to help people understand when claims should be brought and discourage the wasting of court time. Trivial cases will still need to be resolved. Will ADR be the answer? https://www.theguardian.com/law/2013/dec/31/trivial-libel-claims-targeted-new-law
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There are many illuminating articles about the implications of a refusal to mediate being deemed unreasonable by the judge. A move closer to obligatory mediation before legal proceedings? Be warned, do not allow yourselves to be caught out In a significant judgement handed down by the High Court on 19 June 2025 in Appiah & […]
Read MoreDavid Cliff assesses the use of Mediation in Small Business and makes some superb observations regarding the use of Mediation in the UK v the rest of the world! http://www.smallbusiness.co.uk/running-a-business/legal-advice/2451697/exploring-the-role-of-mediation-in-a-small-business.thtml
Read MoreThis compelling clip outlines a novel and innovative way to get improved mediation activity. Could this be the real mediation ‘tipping point’? http://www.youtube.com/watch?v=qvxShkxqwbY&feature=youtu.be
Read MoreThe government has created an alternative dispute resolution (ADR) scheme to help consumers resolve complaints without going to court. Under consultation proposals for the EU Directive on Regulation on Online Dispute Resolution due to come into force next year, the ADR plans are intended to give consumers greater access to redress if something goes […]
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Two-thirds of households which have been hit by the “bedroom tax” are in debt after falling behind on rent payments, according to the National Housing Federation. A survey of 183 housing associations carried out by the Federation revealed that 66% of residents who have been affected by the government’s bedroom tax are in rent […]
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