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Refusals to mediate- the court imposes indemnity costs award against Defendants who unreasonably refused to mediate

Date: 6th June 2014 The High Court has highlighted the dangers of refusing to mediate in disputes that are suitable for Alternative Dispute Resolution (ADR).    In Phillip Garritt-Critchley & Others v Andrew Ronnan and Solarpower PV Limited [2014] EWHC 1774 (Ch), His Honour Judge Waksman QC sitting in the Chancery Division, Manchester District Registry […]

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Civil Mediation Council Annual Conference

On Thursday 22 May 2014, the Civil Mediation Council annual conference was held at The Metropolitan Hotel in Leeds. Lord Faulks QC reaffirmed the commitment of the MOJ to raise awareness of mediation, and its benefits, in the UK and indicated that 64% of small claims settle at the Small Claims Mediation Service (SCMS), and […]

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Lord Justice Jackson Reforms

From April 2013, the Government has started to reform civil litigation funding and costs in England and Wales, which is predicted to a give a significant rise in the appeal and popularity of the process of mediation. Lord Justice Jackson, a highly experienced member of the Court of Appeal, was asked by the current Government […]

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Defamation Act Targets the Wasting of Courts Time Justice Minister Shailesh Vara

The Defamation Act 2013 introduces a new “serious harm threshold” designed to help people understand when claims should be brought and discourage the wasting of court time. Trivial cases will still need to be resolved. Will ADR be the answer? http://www.theguardian.com/law/2013/dec/31/trivial-libel-claims-targeted-new-law  

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Beware your Refusal to Mediate

This is an illuminating article about the implications of a refusal to mediate being deemed unreasonable by the judge. A move closer to obligatory mediation before legal proceedings? http://old.clerksroom.com/downloads/472-More-Reasons-to-Mediate—Jeremy-Dable-article-Dec2013.pdf

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New Law aims to Keep Separating Couples Away from Court

Why is the first week in January called “National Divorce Week”?   Web Searches for ‘divorce’ on GOV.UK are 55 per cent higher in early January than in early December (456 searches in first week of January compared to 294 in first week of December).   The government is introducing major changes designed to ensure […]

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Exploring Mediation in Small Business

David Cliff assesses the use of Mediation in Small Business and makes some superb observations regarding the use of Mediation in the UK v the rest of the world!   http://www.smallbusiness.co.uk/running-a-business/legal-advice/2451697/exploring-the-role-of-mediation-in-a-small-business.thtml

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Re-booting the Mediation Directive

This compelling clip outlines a novel and innovative way to get improved mediation activity.   Could this be the real mediation ‘tipping point’?   http://www.youtube.com/watch?v=qvxShkxqwbY&feature=youtu.be

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Bedroom Tax pushes 66% of Social Housing Tenants into Arrears

Two-thirds of households which have been hit by the “bedroom tax” are in debt after falling behind on rent payments, according to the National Housing Federation.   A survey of 183 housing associations carried out by the Federation revealed that 66% of residents who have been affected by the government’s bedroom tax are in rent […]

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Gov plans ADR scheme for Consumer Rights

The government has today proposed creating an alternative dispute resolution (ADR) scheme to help consumers resolve complaints without going to court.   Under consultation proposals for the EU Directive on Regulation on Online Dispute Resolution due to come into force next year, the ADR plans are intended to give consumers greater access to redress if […]

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