Ideas and field notes on mediation, conflict resolution, case management and legal writing — set down with care.
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 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
Sometimes parties do not need their communication repaired — they need a realistic view of the merits. Early neutral evaluation supplies exactly that, and since Lomax v Lomax the court can order it without the parties’ consent. Choosing the right tool for the dispute.
Abimbola Fashina · 6 Aug 2026 · 2 min read
Mediation can be used to manage conflict even where it is known that the conflict will continue — containing it by establishing rules, structure, strategy and processes for communication, even where there is little goodwill between the parties.
Abimbola Fashina · 20 Jan 2025 · 1 min read
A short note from the desk: conflict is inevitable, but solutions are within reach — and mediation remains the cost-effective and efficient way forward.
Abimbola Fashina · 2 Dec 2024 · 1 min read
Lawyers on both sides of a dispute are under a duty to advise their clients on the alternatives to litigation. Under the Civil Procedure Rules, litigation is a last resort — and the courts will sanction parties who unreasonably refuse to consider ADR.
Abimbola Fashina · 5 Nov 2023 · 1 min read