| 1 | An overview of mediation for the client An overview of the mediation process, which can be used as a client guide. | Practice note: overview | Maintained |
| 2 | Overview of ADR processes and comparisons with litigation An overview and comparison of the various alternative dispute resolution mechanisms | Practice note: overview | Maintained |
| 3 | Alternative dispute resolution and judicial review proceedings This note addresses the role of alternative dispute resolution (ADR) in the context of the public sector and judicial review proceedings, and the relationship between ADR and the government's Dispute Resolution Commitment (DRC). | Practice notes | Maintained |
| 4 | Execution of deeds and documents Overview of the key legal requirements relating to the execution of deeds and documents under the laws of England and Wales. It reflects the law on execution from 1 October 2009. For details of the law governing execution of deeds and documents before 1 October 2009, see Practice note, Execution of deeds and documents: pre-1 October 2009. | Practice notes | Maintained |
| 5 | Hybrid, multi-tiered and carve-out dispute resolution clauses This practice note considers the different forms that so-called "hybrid", "multi-tiered" (or "escalation") and "carve-out" dispute resolution clauses may take. Although a short form, standard arbitration or jurisdiction clause will suffice in the majority of contracts, certain complex projects may require more complicated dispute resolution provisions. This note focuses on the issues that may arise in using complex clauses and highlights the potential pitfalls a lawyer may face in drafting these types of clauses. | Practice notes | Maintained |
| 6 | Mediation and experts The question of whether experts should attend a mediation and, if so, what purpose they should serve, arises frequently in commercial mediations. This note explores the issues which arise. | Practice notes | Maintained |
| 7 | Mediation: administrative arrangements This note discusses the administrative arrangements that must be put into place before a mediation. | Practice notes | Maintained |
| 8 | Mediation: assembling a team Who should form part of the mediation team and what are their roles? | Practice notes | Maintained |
| 9 | Mediation: case summary Case summaries are prepared by the parties to a mediation and exchanged before the mediation. This note identifies points to be included in a case summary. | Practice notes | Maintained |
| 10 | Mediation: confidentiality and privilege A note on confidentiality and privilege in the context of mediations. | Practice notes | Maintained |
| 11 | Mediation: preparation: case assessment, risk analysis and ... Unlike preparation for trial, the documentation required ahead of a mediation is concise, in terms of both volume and coverage. A case summary, with any supporting documentation, is prepared by each party and provides an early opportunity to identify the main issues between the parties and provide focus for the mediator. | Practice notes | Maintained |
| 12 | Mediation: preparation: opening statement At the commencement of a mediation each party makes an opening statement. This note contains guidance on preparation of the opening statement and contains practical tips about its content and presentation. | Practice notes | Maintained |
| 13 | Mediation: preparation: the necessary mindset Preparation for a mediation involves recognising the mindset required to get the most from the mediation. This note contains practical tips to help you do just that. | Practice notes | Maintained |
| 14 | Mediation: setting aside settlements This note reviews the grounds on which it may be possible to set aside a settlement reached at mediation. It should also serve as a reminder to lawyers of the pitfalls they should avoid when negotiating a settlement in mediation. | Practice notes | Maintained |
| 15 | Mediation: settlement phase The settlement phase will follow the negotiation phase of a mediation. Any agreement between the parties will be formalised. This note suggests methods for breaking deadlock in negotiations, and outlines the points to be considered when formalising any settlement agreed by the parties, including points to be covered in the settlement agreement, and the need to dispose of any court proceedings. | Practice notes | Maintained |
| 16 | Mediation: tackling difficult parties Although mediation agreements typically provide that parties will participate in "good faith" or use "best endeavours" to negotiate an outcome, in practice, aggression, intransigence and "stalling for time" are not uncommon behaviours in mediation. This note explores some of the statgies a party or their advisers can use when faced with such behaviour. | Practice notes | Maintained |
| 17 | Mediation: the exploration phase Following the opening at a mediation the mediator will have private sessions with each party to explore the detail and merits of the parties' case. | Practice notes | Maintained |
| 18 | Mediation: the opening phase This note outlines the purpose and structure of the opening phase of a mediation. | Practice notes | Maintained |
| 19 | Mediator selection This note identifies the criteria that parties and their advisers should consider when selecting a mediator, including factors such as accreditation, experience and cost. It also suggests ways of finding a suitable mediator for a particular dispute. | Practice notes | Maintained |
| 20 | Negotiation in mediation At the heart of mediation is assisted negotiation. Mediation is a process of negotiation facilitated by a neutral. Negotiation skills and technique are key for lawyers representing clients in mediation. The presence of the mediator provides a conduit for more effective negotiation. The mediator is trained to coach the parties on negotiation strategies. The mediator will also use a range of skills to encourage forward momentum. | Practice notes | Maintained |
| 21 | Persuading the client and the opponent to mediate An analysis of the reasons why an advisor may need to persuade the client or opponent to mediate and a look at the factors involved in the persuasion process. | Practice notes | Maintained |
| 22 | Pre-mediation contact with the mediator Contact with the mediator in advance of the mediation is an important part of the preparation, and can help to maximise the likelihood of the process succeeding. This note identifies matters that can usefully be discussed. | Practice notes | Maintained |
| 23 | The attitude of the courts to mediation This note examines the court rules and the powers of the court in relation to mediation in England and Wales. It also contains an analysis of when the court has considered it reasonable to refuse to mediate and where it has penalised parties for an unreasonable refusal to mediate. | Practice notes | Maintained |