compulsory and encouraged mediation. On balance, my view is that the following should occur: i. There should be continued investment in education and knowledge of what the mediation process can lead to as an alternative to litigation. A ‘win or lose’ will certainly not satisfy all parties and costs sanctions can be a major deterrent to litigation. ii. There is and should continue to be investment in professional and comprehensive training of mediators with a high minimum satisfactory level of competence and continued professional development. iii.A review or objective audit of mediators with a peer review process to help define the better mediators. iv.Strengthen the transparency of court sanctions based on precedent for those parties unwilling to engage in mediation. v. Encourage mediation at every stage of a dispute and expect the courts to make this plain to all parties. vi.Make the benefits known and clear to all parties. Overall, mediation should be retained as a flexible an effective parallel process and a highly successful alternative to litigation which does not deny access to justice. Encouragement of narrowing of issues in complex cases should be of importance. Courts and judges have a vital role to play in encouraging mediation and helping to ‘save parties from themselves’ 70 LAWYERMONTHLY SEPTEMBER 2022 Bringing parties to the table brings a benefit with significant societal value and secures solutions which can go beyond those available through litigation. About David BIlbe David BIlbe is a highly experienced banker and qualified barrister. With over 40 years of professional experience, including engagement in mediation and commercial negotiations and the management of teams of senior barristers and solicitors, he strives to bring methods of resolution that benefit all parties. About BASL BASL was launched by David Bilbe to offer clients expertise in finance and banking dispute resolution. BASL is able to draw upon a wide network of mediators to aid clients, offering a range of services that includes commercial disputes, negligence, contract, finance, banking and related matters. Contact David Bilbe Founder, BASL Appletree Cottage, Green Lane East, Christmas Pie, Surrey GU3 2JL Tel: +44 07918 194297 E: david@baslmediation.com www.baslmediation.com
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