About us

News

Justice of Supreme Court admits he was wrong

Thu, 28 October 2010

In a day of great debate at the Chartered Institute of Arbitration's 3rd Mediation Symposium held in London yesterday, the Rt. Hon. Sir John Dyson admitted that the Halsey case law was wrong in implying that compulsory mediation was against Article 6.1 of the Human Rights Convention BUT as long as the parties could, in the event of mediation failure, still bring proceedings to Court. Despite this he continued that "Halsey remained good law".

Dyson continued, questioning the impact of delays in Court action should mediation fail. He acknowledged however, that this depended on Court Orders for Mediation. Should a Court exercise power to enforce mediation? "NO". This has recently been reinforced by LJ Jackson. He continued, that he thought that Adverse Cost Orders were useful as they acted as a threat on parties that unreasonably refused to go to mediation; noting that final penalties were at the discretion of the Court.

His Keynote Address was followed by another challenging address from Nadja Alexander, Prof. of Law, City University Hong Kong warning us to 'Mind the Gap'. These addresses were supported by other well known ADR speakers including Andrew Goodman SCMA Convener (Keynote address at DMC event held in July), Sir Henry Brooke, Amanda Bucklow of Facilit8, Nicholas Gould Fenwick Elliot, Tony Willis & Thierry Garby amongst others.

Given the intense discussion during the panel sessions and workshops this seminar can certainly be recommended for those interested in Mediation to consider next year!

 

 

Dispute Mediation

Mediation is a practical yet sophisticated process designed to address the real issues and obstacles behind conflict in reaching a commercially viable solution.

Why mediate?   >

Latest News

Read more news

Stay Updated

Sign up for our newsletter to keep up with changes in the law that may affect you or your business and be ready to meet the challenge.

Add   >
RICS CIArb CIArb CMC