Mediation

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?

Edward Nyman considers recent themes emerging in cases where parties turn down mediation

The Civil Mediation Council (CMC) has launched a public consultation on a draft Code of Professional Practice for Mediators

Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial

What are the costs penalties when a defendant won’t mediate? Masood Ahmed & Sanjay Dave Singh consider the case law

Increasing numbers of family mediators are cutting back on legal aid work or leaving the sector altogether due to low fees—creating a supply shortfall for low-income families

The government has granted a two-week extension for responses to its consultation on proposals to implement the Singapore Convention on Mediation due to the level of interest received

Economic uncertainty, court delays, dwindling legal aid & rising costs are all aiding the recent rise in the number of financial disputes in divorce cases, writes James Maguire

Mediators should not be celebrating the repeated extension of the Family Mediation Voucher Scheme, according to Stuart Hanson, an FMC-accredited mediator, professional practice consultant and legal aid internal supervisor at Direct Mediation Services.

Stuart Hanson on why mediators should not be celebrating the repeated extension of an inadequate scheme

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MOVERS & SHAKERS

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Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

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NLJ this week: Renters’ Rights revolution begins—brace for tribunal chaos

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

NLJ this week: Civil procedure gets a spring overhaul

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation

NLJ this week: Why GP complaints are going nowhere

Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group

NLJ this week: Prenups meet a jurisdictional brick wall

A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision

NLJ this week: Has Rylands v Fletcher come back from the dead?

An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading

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Mediation

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Ampa Group—Kamal Chauhan

Blake Morgan—four promotions