Nick Parker Mediator |

03 Jan If at first you don’t succeed…is it worth mediating for a second time?

Posted at 12:45h in Dispute Resolution, Mediation, UK Law

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column width="1/2"][vc_column_text]Following the Churchill case and recent changes to the Civil Procedure Rules, it is now clearly established that the Court has power to make a compulsory order that the parties enter into ADR – usually mediation. The...

25 Oct Legal Directories Recognition

Posted at 12:05h in Dispute Resolution, Mediation, UK Law

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column width="1/2"][vc_column_text]Nick Parker has again been recognised for his mediation work in the latest editions of the leading independent guides to the legal profession. Nick is listed in the national rankings for both the Legal 500 and Chambers &...

09 Jul Civil court rule changes require consideration of ADR

Posted at 13:50h in Dispute Resolution, Mediation, UK Law

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column width="1/2"][vc_column_text]Recent changes have been made to the Civil Procedure Rules in the latest phase of developments to integrate methods of non-court based dispute resolution into the court system. The changes have been introduced following the Court of Appeal...

01 Dec Churchill: the Court does have power to order a stay to attempt settlement

Posted at 11:30h in Dispute Resolution, Mediation, UK Law

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column width="1/2"][vc_column_text]In the most significant case regarding the relationship of the courts and out of court dispute resolution for almost 20 years, the Court of Appeal this week handed down a significant decision. Until now, the seminal case on...

27 Mar Small Claims Mediation – HMCTS ‘opt out’ evaluation report

Posted at 14:13h in Dispute Resolution, Mediation, UK Law

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column width="1/2"][vc_column_text]The recent publication by HMCTS of an evaluation report on an ‘opt out’ small claims mediation pilot scheme provides further insight into relevant issues in the ongoing reform debate on the increased use of mediation in the...

16 Mar Developments in ADR: 2023 update

Posted at 09:18h in Dispute Resolution, Mediation, UK Law

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column width="1/2"][vc_column_text]ADR has been something of a hot topic in the last few years. This is an update of recent developments with an eye to what may be around the corner. The mystic portal still awaits The Master of the...

12 Oct Preparing a Position Statement: Will it make the boat go faster?

Posted at 11:48h in Dispute Resolution, Mediation, UK Law

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column width="1/2"][vc_column_text]A point arises just before a mediation when a representative is invited to prepare and exchange a Position Statement. What should it say? Often representatives will have developed a style over time which often boils down to the...

05 Aug Civil legal disputes and (A)DR – is significant change really coming?

Posted at 14:09h in Dispute Resolution, Mediation, UK Law

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column width="1/2"][vc_column_text]There is a significant wind of change blowing in the way it is planned that civil law disputes will be dealt with in the future. This is likely to have a profound effect on they way in...

25 Mar Overcoming blockages to settlement in the mediation process.

Posted at 14:46h in Dispute Resolution, Mediation, UK Law

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column width="1/2"][vc_column_text]Recent statistics indicate 67% of mediations settle on the day and a further 19% soon after. However, representatives and parties often experience difficulties in achieving settlement at some point during their mediation. The mediator’s key role is to...

25 Mar How enforceable is a contractual dispute resolution process?

Posted at 14:42h in Dispute Resolution, Mediation, UK Law

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_row_inner row_type="row" type="full_width" text_align="left" css_animation=""][vc_column_inner width="1/2"][vc_column_text]The recent case of Ohpen Operations UK Limited v Invesco Managers Limited provided further guidance on the (increasingly) common issue of the effect of a commercial contract imposing an obligation on parties to...