Mediation is a form of alternative dispute resolution that involves a neutral third party who assists two or more parties in reaching a mutually acceptable solution to their conflict or dispute. This process is voluntary and non-binding, which means that the parties involved have the ultimate decision-making power and are not obligated to reach an …
Mediation can be a highly effective way to resolve disputes, but it is important to be prepared before entering a mediation session. In this blog post, we will explore some tips on how to prepare for a mediation session to help you get the most out of the process. Tip #1: Understand the mediation …
Are agreements to mediate enforceable? The short (and incomplete) answer is: yes, they may be provided they are drafted appropriately. In this post we review a recent English judgment which sets outs guidelines for the enforceability of agreements to mediate under English law. In August 2019, the Technology and Construction Court of the Queen’s Bench …
The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the …
If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article[1]. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.
