At Phoenix, our ethos is to promote and normalise methods of Alternative Dispute Resolution around the globe, replacing the high costing and time-consuming means of dispute resolution currently being utilised. In pursuit of this aim, we encourage our experts to submit short pieces on any ADR topic of their choice, in order to improve public awareness around methods of ADR, as well as innovating new ideas for the constant development of the industry.
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.
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.
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 prior to or after initiating proceedings.
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 20-30 mediations can be expected to make £68,000 per year. It also allows flexibility for practitioners to achieve a better work/life balance.
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 by-product of your current role. Either way, your training provider likely focused much on how you were going to gain a mediation certification, but not nearly enough on what you should do with it later.
In 1958, with the advent of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), the international business community experienced a momentous shift in the manner cross-border commercial disputes were resolved. Originally having 24 signatories, today this convention has been ratified by 159 parties, having been ratified by countries as large as the United States and territories as small as the British Virgin Islands.
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 may be jeopardised.
