Category: Mediation

During his speech at the Opening of the Legal Year on 12 January, 2022, the Chief Justice Sir Brian Moree, KT, QC shared details and plans of upcoming court reforms. One of those reforms that is likely to affect you as a litigants was raised in the following extract from his speech:

“A new system of court connected mediation will be introduced into the Family and
Commercial Divisions during the first quarter. I have circulated a draft of the
Practice Direction and Schedules to the key stakeholders and will be proceeding
with this project during the first quarter. I have no diffidence in stating that a
modern court system must have a mediation component as an alternative method
of resolving disputes to reduce the number of cases which proceed to trial.” (emphasis mine)

In my blog dated 3 November, 2020, I shared some of the the benefits of Mediation with you. If you are a litigant or a potential litigant then you should take the time and learn a bit about Mediations. In my view they are not complicated and can be very useful for litigants who are open to exploring settlements.

Please note that this change in the Family and Commercial Division is expected to be implemented during the first quarter of this year, 2022.

So start informing yourself about this upcoming change and ask questions.

Please feel free to direct any questions or comments to me, Kean Smith at kean@smithkas.com

This short blog is for the benefit of any of you who may encounter conflict or disagreements in your personal or business lives which cannot be settled by negotiation.  If you cannot sever ties with the other party and the relationship must continue in some way then this is for you.

If you have a conflict with another party but the relationship must continue then it is my view and opinion that you should not litigate your issue as a means of trying to reach a solution.  Doing so will cost you money, time and also worsen the relationship.  An example of this is the ancillary matters of a divorce where children, specially minors, are involved.

One of the disadvantages of litigating in national courts is the expense of instructing Counsel and the risk of losing and/or not being able to recoup legal costs.

I recommend Mediation as a cost-effective alternative to Litigation.  Mediation is a form of alternative dispute resolution where a third party [a mediator] is appointed by agreement of the parties involved in the dispute to help them come to a mutually acceptable agreement. (Chartered Institute of Arbitration)

This process is less expensive than litigation because only the parties with settlement authority are directly involved and the parties must agree to the mediator and the process. There is nothing in this process that is forced.  Mediation is an ideal process for parties who are looking for a solution and are willing to compromise on some terms to reach a settlement.  It also gives the parties an opportunity to personally present their side of the story if they wish.

Mediation is a viable option to parties who must retain an ongoing relationship, has some room to compromise and want to avoid protracted and costly proceedings.

Feel free to direct any questions or comments to Kean Smith at kean@smithkas.com