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Mediation

Chris Makin's Blogs in: Mediation

What’s magic about mediation?

Posted on 9th November 2019 by Chris Makin

It often seems that the world of litigation lawyers divides into two camps: those who have never mediated, and those who are passionate advocates for mediation.  The third group – lawyers who have tried it and say “never again” – doesn’t exist. Why?  Well, it seems that the blandishments of many senior judges, including Lord…

Mediation – do you have a choice?

Posted on 3rd September 2019 by Chris Makin

ADR stands for Alternative Dispute Resolution, being an alternative to formal litigation.  The term implies that parties and their solicitors have a choice: go down the litigation route, or the mediation route. But is there really a choice? I suggest not, on three authorities. First, from the executive summary of Jackson LJ’s Final Report in…

Musings of a Modest Mediator

Posted on 22nd May 2019 by Chris Makin

Last year I completed my one hundreth mediation (it’s 112 to date, at 80% settlement rate).  Now, a century may not be a huge number compared with those QCs who do nothing else, but it is a modest landmark, and it got me thinking about where I’ve come from, how I got where I am…

There is no doubt that mediation as an essential step in civil litigation is here to stay.  We’ve seen the Overriding Objective in Part 1 of the CPR; Lord Woolf’s early cases with costs penalties; from Halsey the onus falling on the party refusing mediation to show that their refusal was reasonable; powerful speeches from…

What is the dispute really about?

Posted on 13th January 2019 by Chris Makin

When for some years I headed up a team of forensic accountants in my old national firm, as a matter of policy I always recruited people who were brighter than me.  They kept me on my toes and were great problem-solvers.  They also worked extremely hard; the customary valediction on a Friday evening was not…

How Many Routes to Resolution?

Posted on 6th September 2018 by Chris Makin

Let me count the ways…  (Elizabeth Barratt Browning, Sonnet 43) Yes, there are many ways of resolving disputes, and it falls to the skilled legal practitioner to choose the right one.  It is no longer the case that going to court is the only way. In criminal cases, court is the almost inevitable route.  But…

Gerroff moy land!

Posted on 17th August 2018 by Chris Makin

Land in the UK is a finite commodity – except on the East Coast for example, where either through natural erosion or a policy of abandoning land to the sea, our small island is growing even smaller – so it is little wonder that arguments over who owns which part of our precious Albion are…

How can you really be heard?

Posted on 1st April 2018 by Chris Makin

It is only natural for people to want to be heard, and that is particularly true when they have a dispute. We all know about people having disputes, personal as well as in business.  It’s always the same; we are certain the other side doesn’t care to listen to our well-reasoned arguments, to our cool…

Two more reasons to mediate

Posted on 21st March 2018 by Chris Makin

With the constant demand for my services as a forensic accountant and expert witness, in a wide variety of cases from High Court commercial cases through judicial review and arbitration to family matters and the occasional criminal case, one may think that litigation trundles on in the same way as before Lord Woolf’s Access to…

So who needs a specialist mediator?

Posted on 9th February 2018 by Chris Makin

I have been a forensic accountant and expert witness now for 30 years, and have written hundreds of reports and given expert evidence scores of times across a very wide range of subjects: commercial disputes, director and partnership disputes, matrimonial valuations, personal injury and fatal accident on the civil side; fraud, asset tracing, drug trafficking,…

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