It’s time we embraced alternatives to litigation

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Recently in these pages (16 October), I mentioned a talk I’d given to a Worldwide Advocacy Conference in July 1998. Then, I’d identified two related developments with implications for civil courts. One, which I discussed …

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A Dispute Resolution Clause

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Recently, we had cause to specify a form of mediation clause for a public sector contract. Here is a revised version of what we agreed. What do readers think?   “Dispute Resolution   22.1.1     The parties must attempt in good …

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IP Mediation

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The Intellectual Property Office has called for observations on the relatively low use of its mediation service for IP cases. It is keen to understand the reasons for this and what more can be done …

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Medical Claims – need for a better way?

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An interesting new Study of Medical Negligence Claiming in Scotland was recently published (http://www.scotland.gov.uk/Resource/0039/00394437.pdf). Its main findings included:   Patient grievances appear to involve an often complex and overlapping mix of concerns about communication breakdown, poor staff …

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