Construction Focus: Time for an exception?

John Starr | Property Law Journal | June 2016 #342
John Starr investigates the use of mediation in construction disputes and debates its effect on individual access to justice ‘Access to justice can mean not only the objective notion of justice for all, unfettered by troublesome low-value cases, but also the subjective notion of public vindication of one’s position.’ Mediation has evolved, over the decades …

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Alternative Dispute Resolution: Being nice

Ropewalk Chambers | Personal Injury Law Journal | November 2015 #140
Andrew Hogan sets out the different strategies for approaching mediation ‘What is crucial is to lay the groundwork early with a detailed and reasonable offer of ADR in whatever mode is thought appropriate.’Alternative dispute resolution (ADR) is an alternative to litigation. Seen 20 years ago, as touchy-feely nonsense, ‘being nice’ to the ‘being nasty’ of …

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Construction Focus: Lost opportunities

Boyes Turner | Property Law Journal | March 2011 #266
When is it unreasonable to reject mediation, and what are the consequences of doing so? John Starr investigates ‘A successful party may be faced with the possibility of being refused an order for payment of their costs by the unsuccessful party for having unreasonably failed to mediate.’The recent case of Rolf v De Guerin [2011] …

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