Compulsory Mediation in Commercial Disputes - The Court’s Approach

Introduction

In this virtual classroom seminar, Peter Brewer, an experienced commercial litigator and mediator, will share practical insights drawn from his work in both roles on how to maximise the effectiveness of mediation in commercial disputes.

The live session will also provide a practical overview of the mediation landscape in the wake of Sir Geoffrey Vos’s decision in Churchill v Merthyr Tydfil BC, including an examination of the impact and effectiveness of court-mandated mediation.

What You Will Learn

This live and interactive course will cover the following:

• The Judgment of Lord Dyson v Halsey v Milton Keynes NHS Trust and the contrast with the decision of Sir Geoffrey Vos’s in Churchill v Merthyr Tydfill Borough Council
• The application of the recent law in practice
• DKH Retail Limited and others v City Football Group Limited - Examination of the order that was made in that case that compelled those parties to mediate
• What next?
• Will the court be prepared to strike out the case of a reluctant party?
• Do we need a Mediation Act?
• Does compulsory mediation affect the efficacy of the process overall, given that its real value is in its voluntary nature

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.