Discussion Papers

We produce papers for information and discussion from time to time.

We will also post links here to resources made publicly available online by others which we judge consistent with our ethos.

1.Beyond the Letter of the Law

This paper takes as its starting point observations made by Alexander Solzhenitsyn about the absence of law and the tyranny of law.

A central theme of the paper is the extent to which mediation really is an "alternative" process. The author suggests that conventional court processes can be seen as a form of mediation. The narrow definition currently given to mediation in practice disguises the fact that judges and mediators (so-called) are performing fundamentally the same function. The real distinction between them is the law that they apply.  A copy of the paper can be downloaded here.

2. Commercial Mediation Explained

This article is an abridged version of a longer article which is scheduled to appear early in 2014.  The author contrasts the role of the solicitor and the role of the mediator in dispute resolution.  A further contrast is drawn between a mediation and a trial.  A link to the SE London Chamber of Commerce's December 2013 "Masthead" publication in which the article appears can be found here.

3. Mediation for Reconciliation

This article looks at whether family legislation is shifting to favour mediation as a process per se rather than as a route to results that could not be achieved in an adversarial court process.  A copy of the article in available for download here.  An abridged version was circulated by the Law Society in their February 2014 Family Section Update.

4. Focus on Mediation

This is the longer version of the article referred to in 2 above.  The basic idea is that a mediator is a "Listening Bank".  A copy of the article as it appeared in the February 2014 edition of The Bill of Middlesex, Official magazine of Middlesex Law Society, can be found here.

5. Solicitors and Mediators in Family Disputes

This article looks at whether an emphasis upon mediation limits access to justice for parties with good cases but little money to spend upon legal advice and representation.  It appeared in the Law Society's Family Section Update following the changes that came into effect on 22 April 2014.  A link to the article which appeared in the Law Society's Family Section e-newsletter in May 2014 can be found here.

6. Poker and Child Support

This article considers the implications of the Court of Appeal's decision that a father's poker winnings were not "earnings" for the purposes of a child maintenance assessment.  The paper was originally published in the Law Society's Family Section e-newsletter in February 2015.  A copy of the article can be found here.

7. The Role of Expert Witness Evidence in Civil Proceedings

This paper was a piece of research arising out of a work experience placement.  It provides an extensive survey of the available literature on the subject in early 2017, combined with reflection upon the live cases encountered during the placement.  A copy can be found here.

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