header-logo header-logo

Building bridges

26 September 2014 / Martin Burns
Issue: 7623 / Categories: Features , Profession , ADR
printer mail-detail
burns_mediation

Courts are taking a positive step towards supporting mediation, says Martin Burns

In England and Wales the rules which regulate the civil litigation process, (the Civil Procedure Rules) encourage use of alternative dispute resolution (ADR), and actually impose obligations on the courts to assess the extent to which parties try to avoid ending up in court by using ADR.

Method of choice

Mediation has become the ADR method of choice for many people, and it can be very effective. It is essentially a structured negotiation, facilitated by an impartial mediator. It is often categorised as a process, which involves parties putting their cases to each other via a mediator, and through him or her, seeking an amicable resolution to their dispute.

I think of mediation, not as a process, but as a collection of techniques. Some, or all, of these techniques can be employed by an independent mediator to get disputing parties out of entrenched positions and re-focused on finding their own solutions to their particular problems. Whatever way you describe mediation, it is, at any rate, commercially sensible. It positively encourages and

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll