A refusal to mediate – risks, rules, and cases. The recent Thakkar v Patel case once again highlighted the courts’ intention to find that a refusal to mediate, or being silent in the face of an invitation to mediate, will generally…
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A refusal to mediate – risks, rules, and cases. The recent Thakkar v Patel case once again highlighted the courts’ intention to find that a refusal to mediate, or being silent in the face of an invitation to mediate, will generally…
Using mediation to resolve a dispute has many advantages over litigation. Our 2nd guest article features an overview of the benefits of mediation. It is submitted by Abeer Sharma, a trainee solicitor at Lennons Solicitors. It is concise, straightforward, and…
Offers to mediate, and how they are reacted to, feature in this month’s guest article. It reviews the recent Thakkar v Patel case, and is submitted by a barrister & prolific legal blogger, Gordon Exall. We hope you enjoy it. If…
Mediatelegal panel mediator Patrick Waterhouse has become the new chair of the Contracts and Dispute Resolution Panel for the Chartered Institution of Civil Engineer Surveyors (CICES). Mr Waterhouse, a director of Bowdon Consulting, is an accredited mediator and panel member…
NHSLA Embracing Mediation in 2017 The NHSLA Chief Executive, Helen Vernon, recently featured in APIL’s PI Focus magazine, explaining the new mediation scheme implemented by her organisation. Helen confirmed that, in 2015/2016, almost £3billion of clinical negligence claims were presented…
The new NEC4 contracts, due out this summer, will include a number of entirely new options. Whilst we’re yet to see the new contracts, it’s clear that some of the NEC Panel’s efforts have been focused towards areas that are commonly…
In my experience as a solicitor I’ve been brought up to issue Court proceedings at the drop of a hat, however seeing the advantages of mediation has been an eye opening experience. When I first qualified there were no protocol periods and…
Costain v Tarmac – the issue of different dispute resolution procedures in two contracts was the focus of a recent TCC case. The problem of defective concrete in newly-installed central reservation barriers on the M1 in Nottinghamshire was well-documented at…
Mediating costs disputes can prove invaluable. In recent years the battleground in litigation has been focussed as much on the costs of a litigation case than on the subject of the action itself. The Courts have become clogged up with costs disputes to the extent that…