Ideas and field notes on mediation, conflict resolution, case management and legal writing — set down with care.
Parties speak freely in mediation because the law protects what is said there. But the protection rests on two distinct foundations — confidentiality and without prejudice privilege — and the prudent party should understand both, including their limits.
A A Fashina LLB (Honours) · 1 Oct 2026 · 3 min read
Since Halsey v Milton Keynes, the courts have punished in costs those who unreasonably refuse to mediate — and in PGF II the Court of Appeal held that silence in the face of an invitation is itself unreasonable. Winning at trial no longer guarantees your costs.
A A Fashina LLB (Honours) · 24 Sept 2026 · 2 min read
The mediator decides nothing, yet the integrity of the whole process rests on their neutrality. What impartiality actually requires — disclosure, even-handedness, and the discipline of serving the process rather than either party.
A A Fashina LLB (Honours) · 17 Sept 2026 · 2 min read
Every procedural code now begins with the same command: deal with cases justly. What the overriding objective requires of courts and parties alike — and why fairness is best served when the issues are identified as early as possible.
A A Fashina LLB (Honours) · 10 Sept 2026 · 3 min read
Mediations are not won on the day; they are won in the fortnight before it. Authority to settle, a position statement written for the opponent, a realistic assessment of the alternatives — the preparation that separates parties who settle well from parties who merely attend.
A A Fashina LLB (Honours) · 3 Sept 2026 · 3 min read
The pre-action protocols expect parties to exchange information, consider ADR and attempt to resolve matters before a claim form is ever issued. How to negotiate in that window — on interests rather than positions — while litigation remains a threat and not a fact.
A A Fashina LLB (Honours) · 27 Aug 2026 · 3 min read
A document the client cannot understand is a document that has failed, however technically perfect. The case for plain English drafting — shorter sentences, the active voice, defined terms used sparingly — and why the law itself now demands it.
A A Fashina LLB (Honours) · 20 Aug 2026 · 3 min read
The case management conference is where the court takes control of the action — directions, disclosure, witnesses, experts and costs budgets are all fixed there. Clients who understand the CMC stop seeing procedure as noise and start seeing it as strategy.
A A Fashina LLB (Honours) · 13 Aug 2026 · 3 min read