Is Mandatory Mediation The Future?

by Ruwena Khan Phoenix is beginning a series of articles exploring the case for introducing mandatory mediation into the civil justice system in the United Kingdom. Contributors will include practitioners, judges, policy makers and academics from the field presenting arguments for and against more compulsory forms of mediation. Ruwena is a Legal 500 Leading Junior in Personal Injury and Clinical Negligence law. She […]
Is Compulsory Mediation the Answer?

by Charles Murray Often, parties may want an expert to decide their case and give a binding judgment, but avoid a long-winded, expensive litigation process. Phoenix is beginning a series of articles exploring the case for introducing mandatory mediation into the civil justice system in the United Kingdom. Contributors will include practitioners, judges, policy makers and academics from the field […]
A Question of Mandatory Mediation

In the UK, an average civil case lasts around 52 weeks, whilst high legal fees cost out most private individuals and small businesses. Evidently, there is an urgent need to provide swift and cost-effective access to dispute resolution. CPR reforms over the past twenty years have therefore aimed to encourage parties towards alternative dispute resolution […]
How to become a Mediator

Professionals from a variety of fields such as law, HR, construction and healthcare are consistently coming across mediation as an effective method of conflict resolution. Many have gained mediation qualifications themselves and set up part-time or full-time practices. The lure of a career in mediation is obvious. CEDR figures reveal that mediators undertaking as few as […]
You have a mediation certification – What’s next? Crossing the Mediator’s Chasm

So, you have just completed a training programme and gained mediation certification, but are uncertain what your next move should be. Chances are, you were attracted to the proposition of well paid, flexible career transition into an emerging new field. Alternatively, qualifying as a mediator and enhancing your conflict resolution skills was simply a necessary […]
Mediation or Arbitration: Which is the More Effective Method of ADR?

Often, parties may want an expert to decide their case and give a binding judgment, but avoid a long-winded, expensive litigation process. Alternative dispute resolution consists of several methods of settling disputes in lieu of litigation. In everyday discourse however, the term ‘ADR’ is commonly used as a catch all phrase, implying a similarity of […]
SMEs and Alternative Dispute Resolution

Despite their overwhelming contribution to the British economy and the society at large by driving growth and providing employment, SMEs continue to suffer from a lack of cost-effective methods of resolving their legal issues. The saying that small businesses form the backbone of the UK economy may sound hackneyed to some, but it is hard […]
How Mediation Achieves the Resolution of Disputes

Mediation is poised to grow into one of the most commonly used forms of dispute resolution in resolving civil/commercial disputes. At its core, mediation is a reconciliation tool that attempts to co-opt rather than coerce parties into a resolution, much unlike traditional methods of dispute resolution. As such, it focuses on skilled individuals with an […]
Adjudication and the Construction Act

Adjudication is a method of Alternate Dispute Resolution designed to provide swift resolution in construction disputes. Construction contracts include contractors and sub-contractors regularly coming on and off the site during the life of the contract. In the event of a dispute, if sub-contractors do not get paid by virtue of lengthy litigation, the entire project […]
The Cost of Litigation in the UK

Lawyers often bemoan how clients display a deep aversion to the “L” word. This is because litigation is a notoriously expensive exercise. In a typical case, it could take 58 weeks for a hearing to take place from the time that it was filed. Expenses begin to pile up from the moment a claim […]