Mediation

Go to page of 14

Churchill has confirmed a court may order ADR, but we need more believers, says David Burrows

Ministers have scrapped plans for compulsory mediation and will pilot early legal advice instead—a decision welcomed by family lawyers

From encouragement to compulsion? Mediation in English civil justice after Churchill by Bryan Clark & Zora Kizilyurek

The Churchill v Merthyr Borough Council case has clarified the position on judge-mandated mediation—or has it?

Stephen Shaw busts some mediation myths & explains why it’s preferable to ‘litigatory roulette’

Courts can order parties to engage in mediation and other forms of alternative dispute resolution, the Court of Appeal has clarified

Getting justice or getting even? Stephen Shaw examines the role of jealousy in settling disputes & how best to tackle it

Compulsory mediation sounds like an oxymoron to the uninitiated, but is a serious government proposal. In this week’s NLJ, Catherine Penny, partner at Stevens & Bolton, asserts that it can work well for lower value claims, but questions its value for larger commercial claims.

Catherine Penny queries whether enforced mediation is necessary for larger commercial disputes

Widespread use of mediation could make a valuable contribution to resolving many disputes before the county courts: James South suggests thinking big to reap its rewards

Show

Results

Go to page of 14

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS

Read All

Public Accounts Committee warn of ‘extinction’ risk for legal aid

The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned

NLJ this week: The insider returns

Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome

NLJ this week: Drawing the line on contempt

After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights

NLJ this week: Stop and search by the numbers

The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains

NLJ this week: Looking back on the prorogation that never was

Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously

Error message

Mediation

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Morgan Lewis—Kat Gibson

Foot Anstey McKees—Chris Milligan & Michael Kelly