News, Training & Links
Wednesday, 21 March 2018
4.00pm to 5.00pm
followed by drinks reception
to be held at
Enable Law, 100 Victoria Street,
Bristol, BS1 6HZ
Current Developments in Mediation from the heart of the Civil Mediation Council
Iain is a barrister, mediator and now the Secretary of the Civil Mediation Council. He was in the Diplomatic Service, representing the United Kingdom in international treaty negotiations at the United Nations and Council of Europe, acted for the Government in over 40 cases before the European Court of Human Rights and was part of the team that drafted the Human Rights Act 1998.
Nigel Gooding, Secretary ASWM
This session will count as 1 hour’s CPD.
Members of ASWM: No charge
Payment to be made to ASWM via BACS (Sort code: 56-00-05, Account number: 21240183, with “SurnameInitial” as reference)
Alternatively please send a cheque payable to ASWM and sent to c/o The Treasurer, Milsted Langdon¸ Freshford House, Redcliffe Way, Bristol BS1 6NL
Kindly provided by the Association of Northern Mediators
The Court of Appeal, in Halsey v Milton Keynes General NHS Trust, laid out the courts’ approach to alternative dispute resolution, and particularly mediation. The appeal raised a question of considerable importance: 'when should the court impose a costs sanction against a successful litigant on the grounds that he has refused to take part in an ADR?'
The court considered the value of mediation, the need to advise clients to consider it, costs sanctions where a party refused to mediate, and the inability of the court to examine the content of a particular mediation. The case would become a truly important case about mediation, alongside Dunnett v Railtrack plc whose judgment it followed.