header-logo header-logo

11 August 2011 / Martin Burns
Issue: 7478 / Categories: Features , Profession , Mediation , ADR
printer mail-detail

The best is yet to come

Mediation is the future—look on it as a great opportunity, says Martin Burns

While mediation as an alternative to going to court has been slowly increasing, it is not yet routinely used in the commercial sector. But things could be about to change. The coalition government is pushing the mediation agenda very hard indeed.

Little understanding of mediation

Comparatively few mediations take place. This might be down to the fact that there is little compulsion to do so. We know that the civil procedure rules encourage mediation, and gives power to the courts to penalise parties who fail to properly consider alternatives to trial. But it is clear that most parties, who end up in litigation, have little understanding of mediation. Added to this is the probability that many lawyers are trained litigators not mediators. They have simply not been incentivised to use mediation, and have found it fairly easy to wriggle out of it.

Mediation is a very useful tool for resolving disputes, and when it is used it is successful far more often than not.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll