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“It is generally better to deal by speech than by letter”
“It is generally better to deal by speech than by letter” (Essay ‘Of Negotiating’, 1625, Francis Bacon) Letter writing may have become a dying art in this digital age, certainly on a personal basis; and training in the art in the legal profession is perhaps, at best,...
Never too late to mediate
In November 2023 in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 the Court of Appeal decided that the Court had power to order parties to engage in non-court based dispute resolution (ADR). With effect from 1 October 2024, CPR 1.4, 3.1 &...
Mediation: questions and answers
Stephen answers some common questions that people ask about mediation.
Mediation and costs: some recent cases
Stephen considers recent cases dealing with the costs consequences of alleged failures to mediate.
Case analysis: Invenia v Hudson [2024] EWHC 1302 (Ch)
Stephen considers the judgment of Insolvency and Companies Court Judge Barber in Invenia v Hudson [2024] EWHC 1302 (Ch), which analysed the cost consequences of an alleged failure by the successful party to mediate.
Early mediation – faster and a lot cheaper than a speedy trial
James considers how early mediation can save the participants money and effort, and even get a settlement nailed down before the return date on an interim injunction.
Ignore the Court of Appeal’s recommendation to mediate at your peril
Michael considers two judgments of Lord Justice Arnold in cases where he had recommended mediation to the parties when granting permission to appeal.