Ideas and field notes on mediation, conflict resolution, case management and legal writing — set down with care.
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.
A A Fashina LLB (Honours) · 5 Nov 2023 · 1 min read
“Mediation is the process by which the participants, together with the assistance of a neutral person, systematically isolate disputed issues in order to develop options, consider alternatives, and reach a consensual settlement.” What the mediator actually does — and why it works.
A A Fashina LLB (Honours) · 31 Oct 2023 · 1 min read
Settlement occurs before trial in over 90 per cent of civil cases. The frustrations of litigation — and the Beldam Report’s conclusions — point firmly towards mediation being offered early in the English court process.
A A Fashina LLB (Honours) · 20 Oct 2023 · 1 min read