I recently wrote & added a comprehensive section about ‘Mediation Advocacy’ principles for practitioners, to the draft of my forthcoming book, 2nd ed Contentious Probate Handbook book for publication later this year by the Law Society.
During the writing of this original 40 page section, it occurred to me that whilst many courses are taught at British Universities & by professional training providers about ‘Mediation’, with the exception of the education & training courses provided by the Bar Council & Standing Conference of Mediation Advocates (www.scmastandards.com), almost no academic teaching & professional training is currently being provided in the UK to students & practitioners, about ‘Mediation Advocacy: theory; practice; and skills’.
So, there is a huge gap in the market for Mediation Advocacy education & professional training services.
Is this the same in your jurisdiction?
Following the enactment by The Civil Procedure (Amendment No. 3) Rules 2024’ – Statutory Instrument 2024 No. 839 (L. 11), of changes to the CPR about mandatory mediation, which come into force on 1st October 2024, there is likely to be an increase in demand for Mediation Advocacy education and professional training, driven by an increase in the volume of Mediations which take place accross the board from 1st October.
As far as I am aware, my book will become 1 of only 4, which discuss Mediation Advocacy principles for practitioners in detail. It will also be the most current literature written on this subject, possibly anywhere in the world, apart from Andrew Goodman’s recent book – ‘Advanced Mediation Advocacy’ (2024).
I am also providing an online talk worldwide to members of the SCMA (scmastandards.com) at 4pm GMT on Thursday 24 October 2024, about ‘Mediation Advocacy in Trust & Estate Disputes.’ A link to the talk will be posted on the SCMA website next week.
Between October & April 2025, I am planning to write an in-depth article for academic publication about ‘Mediation Advocacy in Art Restitution Claims’. This is linked to an idea I originated two years ago about the use of ‘Practical Ethics’ as both a Mediator and Mediation Advocacy tool, in an art restitution/cultural property repatriation claim, see my essay on the ‘Mediating Cultural Property Disputes’ page at www.carlislam.co.uk, in which I wrote:
‘In my opinion, the tipping point at which a paradigm shift may occur in the Mediation of a Cultural Property Dispute, is at the intersection of: Practical Ethics, i.e. ‘doing the right thing’; with the exercise by museum trustees of their legal powers in accordance with their legal duties. At which point, conscience, morality, and ethics, collide with law, and can become fused in equity.’
If in 2025, you would like me to present a half day course about ‘Mediation Advocacy’ either in person or by Zoom, i.e. anywhere in the world, please email carl@ihtbar.com.