The cat is now well and truly out of the bag.

LEADR has just advertised a seminar where a leading ADR expert will discuss what appears to be a strong current trend in ADR practice to favour private or conclave sessions with the mediator merely providing a shuttle service between the two camps over the use of joint sessions to help the parties break down barriers and resolve impasses that are stopping them GETTING TO YES.

This statement confirms what I have been saying for some time now on this blog -that a lot of mediations these days are little more than hosted settlement negotiations with the highly paid mediator being the host with the consent of the parties.

Is this a good thing?

Is this taking ADR in the right direction?

Is this something that is more lawyer-driven - to suit legal mindsets and paradigms for dispute resolution, than client driven?

Please feel free to have your say.

Christopher Whitelaw

Barrister and Mediator