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Practical writing on mediation, negotiation, workplace conflict, settlement and dispute resolution — drawn from our archive and written by the mediators who do the work.
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Property Disputes£108,402 in Legal Costs Over a Hedge: Why Boundary Disputes Should Be MediatedA dispute over a hedge in Torquay led to a £108,402 payment on account of legal costs. Douglas v Channon shows how litigation over a small area of land can generate enorm…ProMediate6 min read
Commercial MediationThe Courage to Mediate: Why Is It Easier to Fight Than to Settle?Why do we associate litigation with strength, but regard an invitation to mediate as weakness? The psychology of disputes, the barriers to settlement and why mediation ta…ProMediate9 min read
Commercial MediationMediation, Media Disputes and Non-Denigration Clauses: Lessons from Lord Ranger v Joshi [2026] EWHC 2451 (KB)A mediated settlement of libel and harassment claims contained a mutual undertaking not to denigrate. The High Court held that “denigrate” is wider than defamation and ca…Peter Causton9 min readMost popular articles
- 1Commercial MediationWhen Litigation Fails: The Real Cost of Refusing to Compromise11 min read
- 2Property DisputesWhen Family Property Disputes Reach the High Court: The Cost of Informal Trusts and Unclear Intentions10 min read
- 3Commercial MediationWhen ADR Doesn’t Settle: Failed Early Neutral Evaluation and the Costs of Trying10 min read
- 4ADR News10 Types of Dispute That Are Particularly Suited to Mediation11 min read
- 5ADR News10 Major Disputes That Settled Through Mediation – and Some You May Never Have Heard About14 min read
- 6ADR News10 Cases That Show Why Litigation Should Sometimes Be the Last Resort12 min read
Featured articles
Commercial MediationThe Courage to Mediate: Why Is It Easier to Fight Than to Settle?Why do we associate litigation with strength, but regard an invitation to mediate as weakness? The psychology of disputes, the barriers to settlement and why mediation ta…ProMediate9 min readProperty Disputes£108,402 in Legal Costs Over a Hedge: Why Boundary Disputes Should Be MediatedA dispute over a hedge in Torquay led to a £108,402 payment on account of legal costs. Douglas v Channon shows how litigation over a small area of land can generate enorm…ProMediate6 min read
Commercial MediationAI and Mediation: Where Can Artificial Intelligence Legitimately Help?AI can summarise documents, build chronologies and model outcomes. But mediation depends on confidentiality, trust, impartiality and judgement. Which tasks can AI perform…Peter Causton9 min readAll articles
69 results
Property Disputes£108,402 in Legal Costs Over a Hedge: Why Boundary Disputes Should Be MediatedA dispute over a hedge in Torquay led to a £108,402 payment on account of legal costs. Douglas v Channon shows how litigation over a small area of land can generate enormous costs — and why …ProMediate6 min readCommercial MediationThe Courage to Mediate: Why Is It Easier to Fight Than to Settle?Why do we associate litigation with strength, but regard an invitation to mediate as weakness? The psychology of disputes, the barriers to settlement and why mediation takes courage.…ProMediate9 min readCommercial MediationMediation, Media Disputes and Non-Denigration Clauses: Lessons from Lord Ranger v Joshi [2026] EWHC 2451 (KB)A mediated settlement of libel and harassment claims contained a mutual undertaking not to denigrate. The High Court held that “denigrate” is wider than defamation and can catch true stateme…Peter Causton9 min read
Property DisputesCostly Neighbour DisputesHedge, boundary and right of way disputes can generate legal costs far exceeding the value of the land involved. Seeckts v Derwent, the Lofthouse hedge dispute and Gilks v Hodgson show why m…Peter Causton7 min read
Commercial MediationEarly Neutral Evaluation and Costs: What Happens When ENE Goes Wrong?Can one party be ordered to pay the costs of an unsuccessful or aborted Early Neutral Evaluation? The Commercial Court considers the question in 3173 Bidco v Roberts (No.2).…Peter Causton8 min read
Property DisputesWhen Neighbours Want Different Things From Their Land: Why Mediation MattersSome of the most difficult neighbour disputes arise because adjoining land is used in fundamentally different ways. A reported case involving a campsite and neighbouring agricultural land il…Peter Causton6 min readCommercial MediationAI and Mediation: Where Can Artificial Intelligence Legitimately Help?AI can summarise documents, build chronologies and model outcomes. But mediation depends on confidentiality, trust, impartiality and judgement. Which tasks can AI perform safely, and which m…Peter Causton9 min read
Commercial MediationWhen ADR Doesn’t Settle: Failed Early Neutral Evaluation and the Costs of TryingThe High Court has considered what should happen to the costs of an Early Neutral Evaluation which did not achieve its intended result — and why penalising parties for unsuccessful ADR risks…Peter Causton10 min read
ADR News10 Types of Dispute That Are Particularly Suited to MediationSome disputes need to be decided by a judge. But there are others where deciding the legal issue may not actually solve the underlying problem. Here are ten types of dispute which are partic…Peter Causton11 min read
ADR News10 Major Disputes That Settled Through Mediation – and Some You May Never Have Heard AboutTrials produce judgments which remain in the law reports for decades. Successful mediations usually produce the opposite: a settlement, confidentiality and the disappearance of the dispute. …Peter Causton14 min read
ADR News10 Times Mediators Helped Change HistorySome of history’s most important settlements involved an identifiable third party doing something remarkably familiar to a modern mediator: carrying proposals, meeting parties separately, te…Peter Causton14 min read
Practical GuidesHow to Prepare for Mediation: 11 Things to Do Before the DayGood mediation preparation is about more than knowing the papers. You need to understand the risk, the client, the other side, the numbers and the possible solutions — and choose the right m…Peter Causton12 min read
ADR News10 Cases That Show Why Litigation Should Sometimes Be the Last ResortFrom a £185,000 route to a £5,000 judgment to a 100-metre track that cost £150,000, the courts have repeatedly said the quiet part out loud. Peter Causton looks at ten real cases that show w…Peter Causton12 min read
ADR News10 Warning Signs That It May Be Time to MediateLitigation sometimes has to go to trial. But there are cases where, somewhere along the road, the dispute takes on a life of its own. Here are ten warning signs that it may be time to stop a…Peter Causton11 min read
Probate & Inheritance“This case cries out for mediation”: Rogers v Wills and the cost of litigating family inheritance disputesTwo trials, a 2,038-page bundle, substantial costs and a family relationship left in ruins. Rogers v Wills [2026] EWHC 2231 (Ch) is a powerful reminder that winning an inheritance dispute is…Peter Causton9 min read
Property DisputesWhen Family Property Disputes Reach the High Court: The Cost of Informal Trusts and Unclear IntentionsA £2.7 million family home, competing claims about a trust and decades of family history culminated in High Court proceedings. Bisiker v Bisiker illustrates why property, trust and inheritan…Peter Causton10 min readCommercial MediationWhen Litigation Fails: The Real Cost of Refusing to CompromiseA £9.5 million interim costs payment in Various Claimants v Associated Newspapers is a striking reminder that litigation risk extends far beyond the sum originally in dispute. Peter Causton …Peter Causton11 min readProbate & InheritanceA Relationship “Riven with Conflict”: Key v Key, Occupation Rent and the Case for Mediating Estate DisputesKey v Key shows how executor disputes, occupation rent and inheritance tax interest can consume an estate. Peter Causton examines a family relationship “riven with conflict” and the case for…Peter Causton10 min readCommercial Mediation“No Lawyer Can Be Certain”: £4 Million of Litigation and the Case for MediationML Technology v BEAT SAM saw litigation costs reach around £4 million with no overall commercial winner. Peter Causton examines what the case tells us about mediation, ADR, litigation risk a…Peter Causton12 min read
Property DisputesCould Mediation Become Part of the Statutory Business Lease Renewal Process?The Law Commission is consulting on a greater role for mediation and early neutral evaluation in business tenancy renewals under the Landlord and Tenant Act 1954, including whether one party…ProMediate6 min read
Property DisputesThe £700,000 Fence: When the Cost of Litigation Dwarfs the DisputeA £700,000 neighbour boundary dispute highlights how litigation costs can dwarf the value of the land in dispute. ProMediate considers how early mediation can reduce cost, risk and stress.…ProMediate9 min readCommercial MediationWhen Mediation Has “Nil” Prospects: What Winehouse v Parry and Gourlay [2026] EWHC 1970 (KB) Teaches About ADR and Indemnity CostsThe High Court has delivered an important judgment explaining when a party’s reluctance to mediate will not result in a costs penalty. The decision also provides a detailed analysis of indem…ProMediate14 min read
Property DisputesWhen a Fence Costs £150,000: Why Neighbour Disputes Should Be Mediated Before They Reach CourtA recent neighbour dispute demonstrates how legal costs can vastly exceed the value of the dispute. Peter Causton explains why mediation often offers a quicker, cheaper and more practical so…Peter Causton5 min read
Practical GuidesMediation a litmus test for capacity to litigateMediation as a Litmus Test for Litigation CapacityWhat the High Court’s decision in TLA v Chelsea and Westminster Hospital NHS Foundation Trust reveals about the centrality of ADR in modern …ProMediate6 min readProbate & InheritanceThe cost of disputing an inheritanceWhen a Will Dispute Consumes the Inheritance: The Importance of Mediation in Probate Litigation…ProMediate4 min readProperty DisputesWhen Every Fence Becomes a Flashpoint: The Tragedy of Britain’s Boundary DisputesThe Daily Mail this week reported a bleak and deeply troubling story: a 77-year-old pensioner, Jenny Field, evicted from her £420,000 home after losing a five-year legal battle with her neig…ProMediate4 min readPractical GuidesWhy it’s wise to mediateA recent case casts light on the Courts’ approach to penalising parties who do not respond to invitations to mediate.…ProMediate6 min readPractical GuidesLifting the lid on mediationWhen the curtain lifts on a mediation: Boghossian v IOP and the limits of “mediation privilege”…ProMediate4 min readPractical GuidesReflections on Michel Kallipetis KC’s Lecture on Mediation Privilege & ConfidentialityYesterday evening I had the pleasure of attending the Civil Mediation Council’s inaugural Academic Lecture, hosted in partnership with UCL’s Centre for Dispute Resolution. The speaker was Mi…ProMediate2 min readPractical GuidesMediation PrivilegeYesterday evening I had the pleasure of attending the Civil Mediation Council’s inaugural Academic Lecture, hosted in partnership with UCL’s Centre for Dispute Resolution. The speaker was Mi…ProMediate3 min read
Family BusinessMediation advised in family property disputesMediation, Costs and Family Property Disputes: What the Court Just Decided in Grijns v Grijns (Nov 2025)…ProMediate2 min readADR NewsJudicial Review and ADRA recent High Court decision, R (Weis) v Commissioners for HMRC, provides crucial guidance for practitioners on two perennial challenges in public law: securing an extension of time for a ju…ProMediate5 min readProbate & InheritanceWhen the Court orders a party to attend mediationOn 12 September 2025, in the Business and Property Courts at Bristol, His Honour Judge Paul Matthews handed down a judgment that is likely to be studied by both probate practitioners and med…ProMediate6 min readFamily BusinessEchos of history in Brentford and mediations past.This morning I found myself at Brentford County Court, attending in the hope of helping resolve a modern property dispute. As I waited outside, my eyes wandered to the pink granite column st…ProMediate8 min readADR NewsCredit to MediationThe onward march of mandatory mediation in civil justice took a significant step forward this week with the launch of a Ministry of Justice (MoJ) pilot scheme aimed at road traffic accident …ProMediate2 min readPractical GuidesLessons from Zaloumis v Steele: Safeguarding Settlement Agreements in MediationIntroductionThe recent High Court decision in Zaloumis v Steele [2025] EWHC 1858 (KB) offers critical insights into the risks of poorly executed settlement agreements arising from mediation.…ProMediate2 min readCommercial MediationPart 36 offers!In the recent case of H&P Advisory Ltd v Barrick Gold (Holdings) Ltd (Re Consequential Matters) [2025] EWHC 1330 (Ch), the Commercial Court delivered a sharp reminder: sometimes winning a ca…ProMediate3 min read
Workplace MediationMug Wars at Work: How Workplace Mediation Could Defuse Everyday ConflictsIn a recent case that shines an amusing — yet revealing — light on office dynamics, an employment tribunal has ruled that accusing colleagues of mug theft can stir up resentment in the workp…ProMediate2 min readProperty DisputesRenters Rights Bill to lead to disputes and mediationThe UK’s Renters’ Rights Bill, expected to become law in summer 2025, promises sweeping reforms to the private rental sector. While the legislation aims to enhance tenant protections and imp…ProMediate2 min readWorkplace MediationWhy Workplace Mediation Beats the Tribunal Wars: Lessons from Recent CasesRecent tribunal decisions have provided a treasure trove of jaw-dropping (and sometimes darkly amusing) examples of workplace conflict gone horribly wrong — and they all point to one resound…ProMediate3 min readProperty DisputesWhen Disputes Turn Toxic: Why Mediation Offers a Lifeline in Neighbour, Boundary and Inheritance RowsWhen Disputes Turn Toxic: Why Mediation Offers a Lifeline in Neighbour, Boundary and Inheritance Rows…ProMediate4 min readProbate & InheritanceElectronic Wills, Mutual Wills and the Rise of Inheritance Disputes: Why Mediation Matters More Than EverSignificant reforms to the law of wills in England and Wales are under consideration following the publication of a major Law Commission report. The proposed changes, if implemented, are lik…ProMediate2 min readProperty DisputesTenants win cases against landlords confirming housing cases not to be stayed for internal complaints procedures – Why not mediate instead?Should the tenant’s disrepair claim be allocated to the fast track (allowing legal costs) or small claims track (limiting costs)?…ProMediate4 min readCommercial Mediation£1,000,000 interest penaltyIntroductionIn a strongly worded judgment, the High Court has reinforced the importance of engaging in alternative dispute resolution (ADR) and the risks of ignoring Part 36 offers. The case…ProMediate11 min readWorkplace MediationBattle of the Desks: How workplace mediation can helpReturning to the Office? Where You Sit Could Affect Your Career – and Even Lead to Legal Action…ProMediate2 min readProbate & InheritanceThe Importance of Mediation and the Risks of a Homemade WillA recent High Court case highlights the dangers of DIY wills and the devastating impact inheritance disputes can have on families. John Baverstock, won a £700,000 legal battle against his yo…ProMediate3 min readProperty DisputesThe High Cost of Neighbour Disputes: Why Mediation is a Better Path to ResolutionA recent court case involving a six-year legal battle over a two-foot flowerbed expansion has highlighted the exorbitant costs and emotional toll of neighbour disputes. The case, which has a…ProMediate3 min readWorkplace MediationWorkplace mediation – why January is a good time to call on a mediator.As the new year begins, January offers a unique opportunity for workplaces to address unresolved conflicts and set a positive tone for the year ahead. Workplace disputes, whether minor disag…ProMediate2 min readPractical GuidesWhen can privilege in a mediation be overridden?Typically, statements and disclosures made during a mediation are protected by confidentiality and cannot be referred to in court proceedings. However, this principle was challenged in the c…ProMediate6 min readProbate & InheritanceResolving inheritance and will disputes through mediationInheritance disputes are on the rise, often creating financial strain and emotional turmoil. Fortunately, mediation offers a more effective way to resolve these conflicts without the prolong…ProMediate4 min readProbate & InheritanceWill disputes – we can arrange a mediation.There has apparently been a 38% increase in Court orders relating to inheritance cases since 2019.…ProMediate5 min readADR NewsPre-Action Protocols Review Published by Civil Justice Council likely to lead to more ADR in Business and Property CourtsThe Civil Justice Council has published its second final report on the subject of pre action protocols. The CJC recommends various changes which increase the obligation to try to resolve cas…ProMediate9 min readProperty DisputesAwaab’s Law: Social and Private landlords to face strict timetables for repairs. Will there be an increase in housing disrepair claims? Is Mediation the answer?As part of my role as a barrister I often have to help tenants making claims for housing disrepair. It is often quite shocking to see the conditions tenants are living in. I also sometimes a…ProMediate4 min readProperty DisputesBoundary and property disputes: when can mediation help?The old adage that an English person’s home is his/her castle has never rung so true. I have been struck by the number of boundary disputes hitting the headlines recently. The reports often …ProMediate5 min readCommercial MediationThe Increasing Role of Mediation in Resolving DisputesDisputes occur in everyone’s lives which is proven by the fact that around 17,000 mediations take place in England and Wales each year as reported by the 2023 Tenth Centre for Effective Disp…ProMediate3 min readWorkplace MediationProMediate: Leading the Way in Workplace Mediation ExcellenceAs the festive season concludes, individuals return to their desks, either in the office or at their home workspaces. Unfortunately people realise that the same problems they face have not g…ProMediate3 min readProbate & InheritanceAvoiding Inheritance Disputes. How will reforms to wills affect claims?In the intricate landscape of contentious probate disputes, the surge in cases over recent years is evident in the frequent reports of families embroiled in conflicts over wills and inherita…ProMediate4 min readADR NewsCivil Justice Council Review into Pre Action ProtocolsThe long awaited Civil Justice Council report into pre action protocols has been published.…ProMediate4 min readCommercial MediationWhat happens if a litigant makes a part 36 offer but refuses to mediate? Would Part 36 costs consequences apply?A recent case has got me thinking, can a party make a part 36 offer and refuse to mediate? Normally refusal to mediate would be unreasonable conduct but what if a party refuses to mediate bu…ProMediate4 min readCommercial MediationWhen is a part 36 offer not a genuine offerWe reported a case recently where the judge refused to apply part 36 consequences where a Claimant had made a part 36 offer close to the whole of the claim amount.…ProMediate9 min readWorkplace MediationWhy use workplace mediation?At ProMediate, we have mediators for civil and commercial litigation disputes and also for workplace disputes. The majority of people have probably experienced conflict at some stage in thei…ProMediate6 min readCommercial MediationCourt of Appeal rules dispute resolution process in PFI contract not bindingMost businesses prefer to avoid the expense of litigation and the Courts are a last resort, so they often include a dispute resolution process in their contracts.…ProMediate8 min readADR NewsUK to sign Singapore Convention – enforcement of mediation settlement agreementsFollowing a consultation which closed on 1 April 2022, the government has confirmed that it will be signing the Singapore Convention.…ProMediate7 min readADR News6 lessons to learn from the Rental Mediation PilotIt has been reported that the mediation pilot for rental cases was not successful: in this article we look at the reasons for this…ProMediate11 min readADR NewsBEIS publishes report on Alternative Dispute Resolution – proposes more regulation for ADR providersThe Government has published a response to the consultation Reforming Competition and Consumer Policy – Driving growth and delivering competitive markets that work for consumers, which sets …ProMediate15 min readCommercial MediationYour Country Needs You to Mediate! Government Guidance recommends mediation for COVID-19 disputesThe UK government has advised companies to try to avoid damaging court cases and to resolve contractual disputes relating to Covid-19 through mediation before heading to court. Lord Neuberge…ProMediate2 min readWorkplace MediationWhat is workplace mediation?Mediation is becoming an increasingly popular method for businesses to resolve disputes as it reduces stress, resolves conflict early, restores working relationships and reduces the costs an…ProMediate3 min readFamily BusinessHeads of terms can be bindingThe High Court has held that heads of terms agreed at a mediation are capable of amounting to a binding contract that the court will uphold.…ProMediate4 min readFamily BusinessDeadlockWhether it be a hijack, kidnap or siege situation, negotiation is an art. Theresa May and Jeremy Corbyn take note…ProMediate4 min readNewsletter
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