INSIGHTS
Mediation – A Brief Summary
Rhys Clift sets out a brief outline on Mediation – what it is, how it differs from arbitration and litigation, when it should be used and why it is effective in settling disputes.
Early Intervention (EI) – A Brief Summary
Rhys Clift sets out a brief outline on the new process of Early Intervention – what it is, why use it, how it works, how it is started, how regulated – with a few statistics to demonstrate that it works and that cases settle.
Increasing Popularity of Early Intervention
James Wilson, former Senior Partner of Ince & Co LLP, now a full time mediator with SeaMediation Chambers, discusses the benefits of Early Intervention as a useful addition to the dispute resolution toolbox. WHAT IS EARLY INTERVENTION? Early Intervention is a...
THE PHENOMENON OF MEDIATION: JUDICIAL PERSPECTIVES AND AN EYE ON THE FUTURE
Rhys Clift sets out in the attached paper (in English, French and Italian) some thoughts on mediation, its function, its place in civil justice, the likely effect of the European Mediation Directive, the role of mediation in the maritime field and views as to how...
LOSS OF MEDIATION PRIVILEGE
James Wilson discusses the risk to a party of losing the protection of Mediation Privilege where there is “Unambiguous Impropriety” FERSTER V. FERSTER [2016] EWCA CIV 717 This recent decision of the English Court of Appeal sounds a warning to parties who adopt a...