News

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

Through the creation of a uniform enforcement process for settlement agreements achieved through international mediation, the new convention and the model law will place mediation on an equal footing with arbitration as a method of international dispute resolution. In 1958, with the advent of the New York Convention on the Recognition and Enforcement of Foreign […]

Civil Litigation Litigation is used to resolve conflicts in civil and criminal justice systems around the globe. It is a method of dealing with legal issues that require a great deal of time, money and emotional investment.    Civil litigation begins with the pre-trial phase, where parties engage to obtain documentary evidence from each other, often […]

Workplace mediation allows organizations to resolve disputes at the earliest stage possible, preventing costly formal proceedings, reduced productivity and an unhealthy working environment. Mediation further allows employers to demonstrate their commitment towards the contentment and well-being of the workforce. Organizations looking to develop in-house mediation capacities may seek to benefit from the vast experience on offer by the […]

Essentially, it is imperative for the modern commercial and non-commercial organisation to cultivate a culture where disputes are recognised and resolved, rather than simply brushed under the carpet. Workplace conflicts are an unavoidable reality in an organisation’s existence. Where two or more interdependent colleagues develop personal or professional grievances with each other, the hidden and […]