Resolutions and Mediation
Covering a wide range of matters, including highlighting the need to embrace and develop technology, the new Lady Chief Justice also mentioned the importance of early resolution of proceedings in the civil court. Indeed, in the published version of her speech she said, ‘I am also keen to pursue a greater emphasis on early resolution more generally.’ She noted that too often resolution is addressed, ‘only at the last minute at the door of court.’ She rightly concluded, ‘there are potential savings, both human and financial, in the early resolution of disputes.’
Brian Speers, Solicitor, Mediator, Chair, Law Society Mediation Service
She went on to mention two aspects – early neutral evaluation and the development of a bespoke resolution court within the family division.
The Lady Chief Justice did not, so far as I read in the published version of her speech, mention mediation. I believe that this is because mediation is now so entrenched in On 6 September 2021 Lady Chief Justice Keegan the Civil Justice system that it did not need a gave the opening of the new term address. specific mention. The Gillen Review of Civil
Gareth Jones Commercial Disputes & Personal Injury Claims Mediator gareth@ garethjonesmediatorni. com 07921 959 303
Society Business
Ezine of the LSNI 15 Winter 2021
Justice certainly recognised that mediation was an integral part of Civil Justice. Indeed, mediators acting as neutral parties, suitably trained in facilitation, effective listening and the generation of ideas can greatly assist the resolution of many civil and commercial matters. However, there is some debate about the appropriateness of sitting Judges assuming the role of mediators or expressing a view in the hope that it might influence the parties to resolve differences. Our Judiciary rightly command a position of respect and influence. Mediation is a forum where parties should be free to express their own views and come up with ideas for resolution of disputes that work for them and is generally regarded as a voluntary arena where there is no pressure on parties to accept guidance or direction from the mediator. Where Judges are involved in seeking to either make suggestions or influence parties by perhaps predicting outcomes, there can be a danger that the parties are actually influenced by the respected figure addressing them and providing their observations.
