A calm, unhurried briefing on mediation, conflict resolution and case management — for people turning disputes into durable agreements.
Read this week's briefing
Confidentiality and Without Prejudice Privilege in Mediation
Since Halsey v Milton Keynes, the courts have punished in costs those who unreasonably refuse to mediate — and in PGF II the Court of Appeal held that silence in the face of an invitation is itself unreasonable. Winning at trial no longer guarantees your costs.
Abimbola Fashina · 24 Sept 2026 · 2 min read
The mediator decides nothing, yet the integrity of the whole process rests on their neutrality. What impartiality actually requires — disclosure, even-handedness, and the discipline of serving the process rather than either party.
Every procedural code now begins with the same command: deal with cases justly. What the overriding objective requires of courts and parties alike — and why fairness is best served when the issues are identified as early as possible.
Mediations are not won on the day; they are won in the fortnight before it. Authority to settle, a position statement written for the opponent, a realistic assessment of the alternatives — the preparation that separates parties who settle well from parties who merely attend.
No taste for drama. Just practical counsel, tested experience, and the occasional contrarian view on how disputes are best resolved.
The process, principles and practice of mediation — from the first appointment to the settled agreement.
02Alternatives to litigation: negotiation, ADR and the discipline of resolving conflict early and well.
03Dealing with cases justly — procedure, preparation and the overriding objective in practice.
04Writing the law plainly — drafting, legal content and prose that serves the lay reader.
The pre-action protocols expect parties to exchange information, consider ADR and attempt to resolve matters before a claim form is ever issued. How to negotiate in that window — on interests rather than positions — while litigation remains a threat and not a fact.
Abimbola Fashina · 27 Aug 2026 · 3 min read
A document the client cannot understand is a document that has failed, however technically perfect. The case for plain English drafting — shorter sentences, the active voice, defined terms used sparingly — and why the law itself now demands it.
Abimbola Fashina · 20 Aug 2026 · 3 min read
The case management conference is where the court takes control of the action — directions, disclosure, witnesses, experts and costs budgets are all fixed there. Clients who understand the CMC stop seeing procedure as noise and start seeing it as strategy.
Abimbola Fashina · 13 Aug 2026 · 3 min read
“A lawsuit has been described as a machine: you go in as a pig and come out as a sausage. Settlement, done early and done well, is how parties keep hold of their own outcome.”