Hugh Elder Mediation
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CEDR Mediation Audit 2021

CEDR has just published its latest (ninth) audit of the civil and commercial mediation market. https://www.cedr.com/ninth-mediation-audit-2021/ Normally biennial, this audit was delayed by the pandemic and also incorporates findings from the first six months of lockdown.  The audit reflects the Read more…

By Hugh Elder, 2 years2 years ago
Uncategorized

The great statue debate: can mediators help? The first railway casualty; a Scottish folly and what did the Romans ever do for us?

The controversy about the public display of statues of those once considered worthy of commemoration but now thought offensive, has raised interesting questions which are not necessarily as easy to resolve as might first appear. Many were paid for by Read more…

By Hugh Elder, 3 years3 years ago
Mediation Blog

It was 50 years ago today (15 July 1970)

It was 50 years ago today (15th July 1970) that my mother took this snapshot outside the McEwan Hall, Edinburgh, where I had just graduated in law. Subsequent generations may find it surprising that in those days it was not Read more…

By Hugh Elder, 3 years3 years ago
Uncategorized

Online mediation using video conferencing

Since Covid-19 took hold, much has been written about the merits of online mediation via videoconferencing (VC) facilities such as Zoom. Many mediators, including the author, have been trained to use Zoom so that the resolution of disputes does not Read more…

By Hugh Elder, 3 years3 years ago
Mediation Blog

Delayed Inheritance Act claims and mediation

Mediation has always been advisable for cases brought under the Inheritance (Provision for Family and Dependants Act 1975), which enables family members and dependents to claim a share of the deceased’s estate where inadequate provision is made in the Will Read more…

By Hugh Elder, 4 years4 years ago
Mediation Blog

Mediations on the increase in 2018, CEDR reports

The 2018 eighth biennial audit published recently by CEDR (Centre for Effective Dispute Resolution) makes interesting, if not entirely surprising, reading for those interested in commercial and civil mediation. https://www.cedr.com/docslib/The_Eighth_Mediation_Audit_2018.pdf.  This audit does not cover family, community, ACAS or The Read more…

By Hugh Elder, 5 years5 years ago
Mediation Blog

Mediation Awareness Week 2017

Hands up everyone who knows what mediation is and what it can achieve.  Oh, come on, it can’t be that difficult!  But mediators (who tend to talk of little else) are often surprised how little is known about mediation – Read more…

By Hugh Elder, 5 years5 years ago
Mediation Blog

Those lazy, hazy days of summer

The blog took its bucket and spade to the Dorset Jurassic Coast.  Where better with a sunset like this, taken during a barbeque above the beach? When I qualified as a solicitor in the mid-1970s the High Court still enjoyed Read more…

By Hugh Elder, 6 years6 years ago
Mediation Blog

Understanding people and their decisions

Even a whole morning spent listening, as I did recently, to such an informative and entertaining speaker as Dr Gabija Toleikyte does not turn a mediator into a neuroscientist or act as anything more than a tantalising introduction into this Read more…

By Hugh Elder, 6 years6 years ago
Mediation Blog

Will a party to litigation who refuses to mediate always be penalised in costs?

The short answer (reinforced in the recent Court of Appeal judgment in Gore v Naheed) is no, provided there are good reasons for the refusal. Fifteen years have now elapsed since the Court of Appeal in Dunnett v Railtrack Plc Read more…

By Hugh Elder, 6 years6 years ago
Welcome to my blog
I have over 40 years’ experience as a litigation solicitor in resolving disputes at all levels from international commercial arbitrations to disputes between neighbours over a boundary; from friends or business partners falling out over a deal to family disagreements about the administration of an estate.
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