Mediation Legal Landscape Update
What Lawyers Need to Know in 2024
Event Recording
The last 12 months have seen landmark developments in the legal landscape around mediation. The seminal Court of Appeal Churchill case of 2023 overturned the 2004 Halsey decision and has brought in judge-directed mediation and the ability for the courts to compel mediation.
Alongside Churchill, there have been several other key, but less high profile mediation law developments including the Civil Justice Council’s (CJC) recent report on Pre-Action Protocols and case law developments.
This update is specifically designed for private practice and in-house lawyers, focussing on what they can learn from the report and the case law to best influence the outcome of disputes.
The session will include a presentation from the speakers along with an opportunity for audience Q&A. Attendees will also get first access to a comprehensive review of mediation case law from 2023 written by Tony Allen.
What We Will Cover
Post-Churchill
Pre-Action Protocols
Dispute Resolution Clauses
Refusals to Mediate
Settlement Terms
Q&A
Speakers
Richard Nunn
Moderator, Head of Commercial Disputes CEDR
Tony Allen
Solicitor, Mediator and Senior Consultant at CEDR
Kelly Stricklin-Coutinho
CEDR-Accredited Mediator and Barrister
More about your speakers
Richard Nunn is Head of Commercial Disputes at CEDR, responsible for managing CEDR’s dispute resolution services and CEDR’s mediator panels. Richard is an experienced solicitor specialising in dispute resolution and prior to joining CEDR Richard has worked in private practice, at the Attorney General’s Office and as head of litigation and employment at a large international telecommunications and media group.
Tony Allen is a CEDR mediator and former Director of CEDR. He has been listed by Chambers and Partners as a leading mediator since 1999 and is widely recognised as one of the most eminent mediators working in Clinical Negligence and Personal Injury cases. After over twenty-five years as senior litigation partner of Bunkers, Tony joined CEDR full-time in April 2000. While a practising solicitor, his main areas of work during a wide-ranging legal career were personal injury claims for both claimants and defendants, and also professional and clinical negligence.
Tony has mediated a wide range of disputes involving personal injury and clinical negligence, public law, banking, construction, housing, partnership, and professional indemnity, as well as general commercial claims. He has been involved in a number of major multi-party mediations including the Kenyan tribes peoples’ claims against the Ministry of Defence and the Alder Hey retained organs mediations. Tony mediated some of the first cases authorised by the Legal Aid Board, and the first claim brought under a conditional fee agreement.
He is a well-known speaker and writer on EDR topics in legal and professional circles, and after co-authoring the second and third editions of The ADR Practice Guide: Commercial Dispute Resolution by Mackie, Marsh, Miles, and Allen, has written two editions of his own Mediation Law and Civil Practice and Mediating Clinical Claims.
Kelly Stricklin-Coutinho is a leading barrister at 39 Essex Chambers practising in commercial and civil law. She was recently the junior barrister for the successful intervenors in Churchill. She has particular expertise in competition law (including state aid and subsidies), EU law, tax law (corporation tax, income tax, VAT, environmental taxes and other direct and indirect taxes) and commercial disputes. Her clients include multinationals, FTSE 100 and 250 companies, central and local government, high net worth individuals, charities and SMEs.
Kelly is a CEDR-Accredited Mediator and a member of CEDR's Faculty and CEDR’s Panel of mediators. She mediates in all of her areas of practice, including co-mediation with HMRC. She is called to the Bar of the Republic of Ireland. She trained at the European Commission (DG Taxation and Customs), and was a Judicial Assistant to the Court of Appeal.