accreditations & partnerships
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In a momentous court case affecting around 370,000 policyholders, 60 insurers and 200 different insurance policy wordings, last month the High Court handed down its highly-anticipated judgment in the Financial Conduct Authority’s COVID-19 Business Interruption Insurance test case. Here, Charle...
The Wolf I have in mind inhabited Wall Street, not a fairy tale. During lockdown I made a point of watching negotiation movies and this got me thinking – what can mediators learn from their theories, their teaching and their methods.
"Finally!” was the reaction in the UK mediation community on 3rd May 2023, the day the UK signed the Singapore Convention on Mediation. For UK dispute resolution lawyers and mediators, this announcement was long awaited as the Singapore Convention was first opened for signature back in 2019.
The young man sat oblivious, listening to the music pumping through his headphones. Nothing unusual about that – it’s a scene which plays out daily on public transport and in homes worldwide. But in this case, the young man was the principal complainant in a family argument, and that day he ...
Litigation solicitors and barristers, how can you be a good mediation advocate? Some might say that you’ve either got it or you haven’t - but I believe that mediation advocacy skills can be developed and honed.
Mediation statement, position paper, summary – is the lack of a defined description a matter of semantics, or something more? So often, it will comprise a précis of the written pleadings, a section on why that party is almost certain to win at trial, followed by ‘nevertheless we are approac...
As mediators we’re often told by lawyers that their clients have tried to negotiate business exec to business exec and that hasn’t worked and therefore the client feels that there’s no point in trying mediation. But, of course, we all know that the positional negotiation that may have take...
Central to the success of mediation is the concept of confidentiality: parties are encouraged to negotiate openly and realistically, unfettered by concerns that what they disclose in the process might be used against them in the future, in legal proceedings or otherwise. Provided at common law...
AI and algorithms are increasingly being used in alternative dispute resolution – but can a robot really replace the flesh and blood of a trained mediator?
To mark our 25th anniversary, we asked our mediators to tell us about their most memorable and surprising mediations. From their weird and wonderful responses, it’s clear that anything can happen...
Conflict will survive the neutron bomb of the current pandemic, just as cockroaches are said to survive a nuclear explosion. Actually the analogy is imperfect - cockroaches don’t survive it seems, while conflict is on the increase. Lawrence Kershen QC considers how mediators have risen to the ...
Maybe it was my experience as a disputes lawyer, or a precursor to my career as a mediator, but when I set up a SME with my very dearest friend, I was determined that we would not fall out. At a time when all was rosy and exciting, we sat down for a difficult conversation: what would happen if w...