The standard model for mediation (a one day facilitated negotiation preceded by the exchange of mediation statements) is coming under pressure and is at risk of failing litigants. In response there are signs of evolution, as mediators and litigators adapt to the demands of compulsory mediation (in the UK and elsewhere) and the increasing expectations of clients. This note looks at what is driving this change, how mediation is evolving towards a “Hybrid ADR” model, and what the implications are for litigators and mediators.

How to bring arbitration back to its original purpose - flexible, faster, more efficient, cheaper dispute resolution

As a result of the Churchill case disputes arising from insolvencies will increasingly be referred to mediation. Insolvency cases have some different dynamics which can create obstacles to getting the case settled (barriers to resolution) in mediation. These differences are worth thinking about if a mediation is to have the best chance of success. This note looks at what some of the key differences are and the solutions and approaches which make settlement of insolvency disputes through mediation more likely.

Enforcing mediated settlement agreements, and piercing the veil of privilege to construe the agreement and decide whether it was induced by misrepresentation

CrowdStrike Outage - how to resolve disputes through early mediation

Changes are proposed to the Civil Procedure Rules re mediation; the key question is, are litigators ready to mediate effectively, given mediation is now effectively compulsory.

In the case of Churchill -v- Merthyr Tydfil County Borough Council, last week the Court of Appeal ruled that under the Civil Procedure Rules, a court can stay proceedings and require parties to litigation to attempt to settle the case using some form of alternative dispute resolution, including mediation.

Research suggests that making the first offer or proposal in mediation creates an “anchoring” effect on the negotiations, as a result of which the outcome is more likely to be closer to that first offer as compared to the outcome where the offer was not made.

Are the costs rules regarding refusal to mediate about to be beefed up (Halsey revisited)

Adopting the convention will make it easier and cheaper to enforce mediated settlement agreements relating to international disputes.

Is it appropriate in every case for confidentiality terms to be incorporated in every mediated settlement agreement? In the case of PPE Medpro and Michelle Mone, the answer may be, no it is not.

This discussion article looks at some of the dynamics which may be relevant in determining when and how any negotiations may take place regarding the war in Ukraine and ensuring they are successful

Government reveals plans to divert thousands of civil legal disputes away from the courts

UK Ministry of Justice is considering adopting the Singapore Convention on Mediation, the effect of which would be to make cross-border commercial settlement agreements, concluded through mediation, enforceable through the courts of any country which is a signatory.

It is not a major surprise the litigation between Virginia Giuffre and Prince Andrew has settled...

The litigation rumbles on between Virginia Giuffre and Prince Andrew. He and his lawyers were obviously hoping they could get rid of the case by having it struck out...