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 Mediation privilege is once again under scrutiny following Mr Justice Ramsey’s judgment in FarmAssist Limited (in liquidation) v The Secretary of State for Environment, Food and Rural affairs (No. 2) 2009 EWHC 1102 (TCC). Is confidentiality in mediation now hopelessly compromised? Writing for The Mediator Magazine, Michel Kallipetis QC and William Wood QC offer views from either side of the argument. Download the full article here. |
 Mark Lomas QC is hanging up his wig to join Independent Mediators as a full-time mediator from 1 June 2009. The move follows 28 years at what is now Littleton Chambers, where he was known as a professional negligence specialist. In recent years, Lomas has become increasingly visible as a mediator, described in The Legal 500 last year as 'tough', 'rigorous' and 'principled', and 'knocking on the door of the top tier of mediators'. |
 The Employment Act 2008 and the ACAS Code have not adopted any form of compulsion for mediation in the Tribunals and the references to mediation are not as positive as some had expected. Barristers Michael Duggan, Alexander Robson and Philip Bartle QC of leading employment set, Littleton Chambers, set out the implications of the new Act for mediators. |
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 The Mediator Magazine is currently conducting a survey on behalf of the Mediation Committee of the International Bar Association. The purpose of the survey is to understand what value clients attach to mediators' sector knowledge or skills. The survey probes the extent to which such skills are sought when selecting a mediator, how those skills are deployed during the process and what, if any, value they bring.
The survey has been commissioned by the Users' Committee, chaired by Jane Player of Bird & Bird and Jonathan Lux of Ince & Co. Commenting on why the topic was selecting, Jane Player said, "We have been asked to chair a section on users' choices and willl be asking a cross section of industries and international providers about their experience to date, and whether you get better service from specialist mediators or whether the theory that a good mediator can mediate any dispute is borne out in fact." In launching the survey, Mediation Committee chairman, Jon Lang, said, "This is an issue of great importance, and I hope the results will give mediators a clearer idea of clients' requirements and expectations. The survey is deliberatley short, and we welcome all contributions from readers of The Mediator Magazine." |
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Editor's Blog
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In setting up this magazine, one of my ambitions was to make public some of the extraordinary work going on behind closed doors. Nowhere have I seen this done better than in Mike McIlwrath's latest podcast - available here.
The podcast concerns a personal injury claim mediated by CEDR's Tony Allen. Commenting during the podcast, Allen says, "I'm really pleased to find a case that so vividly illustrates that employers and employees can speak to each other - notwithstanding an appalling injury; that one can keep the other hired and very positively benefit from the continued contribution of that employee to the business." He concludes, "This is a real exemplar of a genuinely valuable outcome that the court couldn't have ordered."
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 Personal Injury Lawyers don't have a problem resolving disputes. They have a problem with profitability. Independent mediator Philip Hesketh believes mediation improves profitability and that's how it should be sold. |
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