Two years ago David Watkinson wrote about mediation in the Anglo-Saxon period. Now, he considers mediation in a different historical context and highlights some comparisons between mediation then and now. Introduction In March 2022, I wrote one of these blogs about mediation in the Anglo-Saxon period. Now I am moving forward into the Middle Ages, […] The post Mediation in the Middle Ages appeared first on Garden Court Mediation ..read more

Blog by Dr Mary Malecka and Abigail Holt of the Garden Court Mediation Team The value of mediation to commercial and civil disputes is that it enables parties to reframe their dispute in a holistic fashion that takes into account the cost of litigation. This includes the personal emotional investment, and the prospect of successfully moving on from the dispute, […] The post Commercial and Civil Mediation appeared first on Garden Court Mediation ..read more

In this blog, David Watkinson considers the judgment of the recent case of Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 and its impact. Introduction At the conclusion of my November 2023 Blog “The Costs Consequences of Refusing Mediation-Are the Courts going Soft on Sanctions?” I wrote, “The courts are possibly becoming […] The post Mandatory Mediation – The Churchill Case – The end of a beginning? appeared first on Garden Court Mediation ..read more

Introduction This month David Watkinson reflects on the case-law he has described previously in his blogs on this topic and notes that a reader could have drawn the conclusion that any proposal to mediate had better be complied with or costs consequences will follow. However, more recently, David finds the approach, particularly at High Court […] The post The Costs Consequences of Refusing Mediation – Are the Courts Going Soft on Sanctions? appeared first on Garden Court Mediation ..read more

In this blog David Watkinson considers the review of the Mediation Pilot which had been put in place to deal with possession claims post-pandemic. In the Beginning On 22nd February 2023, the Ministry of Justice and the Department for Levelling Up, Housing and Communities published the Rental Mediation Service Pilot-Post Implementation Review. The Pilot had […] The post Possession Claims Mediation Pilot Re-thought appeared first on Garden Court Mediation ..read more

Margaret Doyle considers the potential impact on AI for mediators now and for the future. We’ve been hearing a lot recently about the advances made in artificial technology (AI) and what this might mean for our collective future. For some AI is an exciting development, opening up creative and commercial opportunities (stand-up comedians are looking […] The post Welcome to your AI mediation! appeared first on Garden Court Mediation ..read more

Author: Dr Mary Malecka A few years ago it cost me an arm and a leg to go to Boston and spend a week at Harvard law school for the program on negotiation course. Now, post-pandemic, everything is available online, and I recently had a day with William Ury and a small cohort of other […] The post The ‘BB3 Strategy’ Approach to a Mediated Negotiation appeared first on Garden Court Mediation ..read more

In 1972 David Watkinson, while a pupil of Lord Anthony Gifford in Cloisters, met Stephen Sedley with whom Lord Anthony shared a room. Here, David considers the origin of dispute resolution and traces it back further than you may think. Introduction In April 2021 I commented on a speech given by Sir Geoffrey Vos (then recently appointed […] The post When Mediation Did = Dispute Resolution appeared first on Garden Court Mediation ..read more

Claims for unpaid leave likely to have more takers after the decision of Smith v Pimlico Plumbers says Abigail Holt A new area of potential employment dispute litigation has opened up following the recent Court of Appeal decision of Smith v Pimlico Plumbers [2022] EWCA Civ 70 which analyses whether and in what circumstances “workers” […] The post Take it or leave it? appeared first on Garden Court Mediation ..read more

The government is asking for people and organisations either within or outside of the court system to complete an online survey, or submit a response about dispute resolution mechanisms to Disputeresolution.enquiries.evidence@justice.gov.uk, by 30 September 2021. The government’s stated ambition is to mainstream non-adversarial dispute resolution mechanisms. The findings of the Call for Evidence will be […] The post Call for Evidence by 30 September 2021 appeared first on Garden Court Mediation ..read more