Mediation: silence is far from golden

You receive an offer to mediate. What should you do? Should you accept,  sit tight and say nothing, perhaps on the basis that you cannot be wrong in saying nothing, or refuse and if so, with or without reasons?

They think it's all over - it isn't now: mediated settlement agreements and mediators in the firing line

The mediation ends in the early hours of the morning with the parties reaching a settlement and there is a collective sigh of relief.

Is it a bird? Is it a plane? Is it 'mediation privilege'?

Parties entering into a mediation process usually sign a mediation agreement in advance which will include detailed and express provisions regarding confidentiality and privilege.

Before you take the plunge. Life after breach - Part 3. Great expectations?

What happens if one party to a contract fails to perform? Can the innocent party get all of its losses back? What happens if the losses are difficult to prove?

Before you take the plunge. Managing the costs of dispute resolution - Part 4. Focusing an opponent's mind on settlement

Making an offer of settlement under Part 36 of the Civil Procedure Rules (Part 36) is one of the most crucial tactical steps in litigation.

The Balloon Debate - funding options for litigation

The debating powers of some of the legal world's finest minds were put to the test at Wragge & Co's Balloon Debate event.

When "without prejudice" doesn't mean what you think

It is commonly thought that the words "without prejudice" mean exactly that - litigants can write or say what they like, safe in the knowledge that such information will never be put before a judge (and in effect used against them). Think again!

Before you charge in - part 7. Confidentiality agreements - are they worth the paper they are written on?

Obligations of confidence arise because of the relationships between parties (e.g. between MI5 and a field operative), or because of the circumstances of disclosure (e.g. an inventor revealing the secret designs of a new product to an investor or two parties collaborating in a joint venture).

Court of Appeal brings some clarity to part 36

Part 36 offers are one of the most important tactical steps which parties (claimant or defendant) can take during a dispute. They provide a means of putting pressure on an opponent to settle a case or face potential costs and interest consequences.

Common sense interpretation of Part 36 offers

In any litigation, considering offers of settlement is crucial. If you make an offer under part 36 of the Civil Procedure Rules and your opponent does not accept it but then fails to obtain a more (or equally) advantageous outcome at trial, you are likely to be awarded your costs.

Lord Justice Jackson publishes final report on civil litigation costs

Lord Justice Jackson's Civil Litigation Costs Review makes a number of important recommendations which, if implemented, could result in significant changes to civil procedure.

The pros and cons of different methods of dispute resolution: a run round the bay

With a plethora of dispute resolution methods available, selecting the right one can be difficult and the implications may be significant.

Litigation survival guide - part 14. Mediation - do you have to and why should you?

Parties should always be alert to the possibility of mediation as an alternative form of dispute resolution. This is particularly so in the current economic climate as mediation can resolve a dispute in a short time frame.

Litigation survival guide - part 7. Think before you claim

You might have a good claim, but jumping in with a strongly worded letter threatening court proceedings if settlement is not achieved by return of post is not necessarily the best way of achieving your desired outcome.

London calling? - ECJ judgment delivered in West Tankers

The European Court of Justice has now delivered its decision in Allianz SpA v West Tankers Inc. It endorses the Advocate-General's Opinion.

The Wragge & Co balloon debate

And who says dispute resolution can't be fun? Watch the video to find out who was top dog!

Arbitration appeals - (how to avoid) washing your dirty laundry in public

One of the long established advantages of arbitration over the use of courts to decide disputes is that the arbitration process is private and the eventual award is confidential to the parties involved.

All signs point in one direction - mediation

Anyone who litigates will be interested in what the Master of the Rolls recently had to say, namely that parties should be encouraged and perhaps directed to engage in mediation.

European Parliament backs deal reached with European Council to cap aircraft emissions from 2012

All airlines operating flights in to or out of the European Union will find themselves subject to the requirements of the European Union's emissions trading scheme (EU ETS) from 2012.

To waive (privilege) or not to waive? - that is the question

Wragge & Co's legal experts provide action and analysis on the costs consequences of unreasonable behaviour at a mediation and the potential automatic waiving of privilege in a document mentioned in a witness statement.

Let's get ready to rumble - Important changes in Commercial Court practice from February 2008

Recovering the cost of mediation

Limitation: Short, but not so sweet

Wragge & Co advises client Buddy Media on its US$689 million acquisition by Salesforce.com

Wragge & Co's technology experts have advised client Buddy Media, Inc. - the world's leading social media marketing platform - on its acquisition by enterprise cloud computing company Salesforce.com for approximately US$689 million.

Wragge & Co's Andrew Manning Cox is partner of the year

Wragge & Co dispute resolution partner Andrew Manning Cox has been crowned 'partner of the year' at the tenth annual Birmingham Law Society Awards.

Wragge & Co appoints new head of international arbitration

Wragge & Co has underlined its international dispute resolution ambitions with the appointment of a new partner. Peter Flint, Barlow Lyde & Gilbert's head of international arbitration, is joining the firm on 4 October 2010.

Wragge & Co advises BA on engine product support and maintenance for new aircraft fleet

They think it's all over - it isn't now: mediated settlement agreements and mediators in the firing line

The mediation ends in the early hours of the morning with the parties reaching a settlement and there is a collective sigh of relief.

Settlements: drafting watertight agreements

Anyone sensible that is involved in a dispute will want to try and settle a claim. This has been one of the principles behind the development of methods of alternative dispute resolution (and, in particular, mediation) in the UK over the last 20 years.

'A Funny Thing Happened on the Way to the Forum': Where to Turn for a Remedy Before Arbitration Proceedings Have Commenced, EDO Corpn v Ultra Electronics Ltd

Comparing the respective approaches of major institutions to pre-arbitration measures in light of the case of EDO Corporation -v- Ultra Electronics Ltd. The article provides practical guidance for practioners and clients alike.

Legal Business arbitration report, May 2007

Arbitration disputes are increasingly ending up in court, raising questions as to whether this  pays proper regard to the wishes of the parties and the message the courts ought to give when faced with invitations to adjudicate arbitration issues.