Seminar | Alternative Dispute Resolution

Mediation is not Justice - Debate
Thursday 9th June 2005
at 222 Gray's Inn Road, London WC1X 8XF

SJ Berwin and the Panel of Independent Mediators take pleasure in inviting you to a Debate.

Four of the UK's top mediators will debate this hotly controversial issue in the first of a series of debates co-sponsored by SJ Berwin and the Panel of Independent Mediators.

Moderator
David Miles
Partner, Glovers

In favour of the resolution
Philip Naughton QC
3 Serjeants' Inn

Phillip Howell-Richardson
Partner, Morgan Cole

Against the resolution
Tony Willis
Brick Court Chambers

Michel Kallipetis QC
Littleton Chambers

Timetable

08.30 Registration/refreshments

08.40 Welcome

08.45 Debate begins

09.45 Open to the floor

10.15 Vote

Programme

• Where a person considers his cause is just, is it not an absolute right and perhaps even a duty to pursue that cause without compromising it?
• Can a search for justice be reconciled with established principles of public policy (and of various pre-action protocols) that settlement of disputes is to be preferred to litigation?
• Given that even top judges differ in their decisions on the same facts, can parties be assured that the courts will produce just outcomes in all cases? Or is it better to have substantial justice rather than a compromise that might satisfy no-one?
• Is justice an entirely objective concept, capable of being clearly identified in all cases, or might it, like perceptions of fairness, often reside in the eye of the beholder?
• Where justice can be identified, is the cost of achieving it (including financial, emotional and personal cost) necessarily worthwhile? Does cost matter where justice is at stake?
• While justice is a noble value, how might it be measured against other values and considerations such as equity and fairness, compassion, reconciliation, maintenance of relationships, dignity, consensus and coexistence?

RSVP
Seating is limited to 110 people so please reply promptly to reserve your place.

RSVP by email to candice.ingram@sjberwin.com including in the message your name and organisation. Alternatively by fax on +44 (0)20 7533 2000. Colleagues are welcome to come in your place.