Everywhere judicial policy makers are seeking new ways for the distribution of justice. In the Netherlands a project is underway to abolish all paperwork from the courts. Litigation will before long be conducted entirely digitally. In order to curtail government spending, experiments are being conducted to steer claimants away from the courts and become more…

Recently, Dr. Grant Morris of Victoria University in Wellington, New Zealand completed valuable research on the nature of private commercial mediation in New Zealand. The aim of the June 2016 research was to examine the commercial mediation market from a gatekeepers’ perspective – that inevitably meant lawyers were the main source of data. Commercial lawyers at…

Her Majesty’s Revenue & Customs (HMRC), a department of the UK Government responsible for the collection of taxes, published the results of its pilot ADR project evaluation. It has been testing a new way of resolving tax disputes, with the SMEs and individual taxpayers, since 2011. The way the scheme works is that an official…

Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly what that means but to my mind we were essentially taught to own the process and butt out of the outcome. Recently there have been a number of calls for mediators to do more – more what is…

It’s never easy to get a grasp on national statistics for mediation. The closest we come in the UK is a biennial (that’s once every two years, not twice a year!) survey carried out by CEDR, for which I for one am very grateful. The latest survey results have recently been released and these are…

Since April 2005 there have been two structural provisions for referral to mediation: via the Legal Desk and via the Judiciary. Besides, conflicting parties can start mediation on their own initiative or after referral by other bodies. Other referring bodies comprise, for instance, occupational health and safety services, social services, youth services, the police, social…

According to reports, we should now get used to living in an era of austerity. Tax increases, welfare cuts, and salary freezes are on their way in many countries. Does this mean that public spending on mediation must be cut as well? Quite the contrary. Mediation may bring significant savings in difficult times soon to…