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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Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS

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NLJ this week: Policing the safeguards when appointing trust corporations

What safeguards apply when trust corporations are appointed as deputy by the Court of Protection?

NLJ this week: What the court considers when assessing refusal of ADR

NLJ this week: Finding innovative ways to fund the justice gap

When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ

NLJ this week: Two’s company, but three’s a crowd in financial provision cases

When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ

Charities Appeals Supplement: March 2026

NLJ's latest Charities Appeals Supplement has been published in this week’s issue

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Mediation

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Farrer & Co—Richard Lane

Bird & Bird—Sue McLean