Podcast Location:
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ADR & Mediation
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This CPDcast aims to examine what a lawyer should do in advising on, preparing for and appearing at a mediation.

After completing the course you will:
  • Know whether correspondence leading up to a mediation are covered by 'without prejudice' privilege;
  • Understand the lawyer's role in the process;
  • Know what key aspects of mediation should be explained to a client;
  • Understand the advantages of mediation;
  • Appreciate when mediation is an acceptable option;
  • Know when the right time to mediate is;
  • Understand how a lawyer should decide on a mediator;
  • Know who is expected to attend at a mediation;
  • Understand the issues surrounding who speaks at a mediation;
  • Know what a position statement entails;
  • Appreciate that a lawyer's role at a mediation is different to that experienced in litigation;
  • Know what each session in the mediation will involve;
  • Know when negotiations for settlement are expected to start.
General Interest Difficulty: 2 of 5
Practical Guide
Sources and References:
  • Nigel Whitman Ltd v Smith & Isaacs [2008] EWHC 12 TCC.

In this CPDcast Philip Bartle QC, a barrister and mediator at Littleton Chambers discusses the keys aspects of mediation. He examines what issues need to be explained to a client including the benefits of a mediation. He also explains the important elements of a mediation including timings and necessary documentation.

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