Mediation

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In an exclusive series of updates for NLJ, Tony Allen presents an alternative thesis on the shape of future dispute resolution

In the first of a series of articles on the legacy of Halsey, the 2004 authority that a court cannot order parties to mediate against their will, Tony Allen, solicitor and CEDR Chambers mediator, looks to the future of alternative dispute resolution

Post-Kumar, Bryan Clark considers the use of legal representation within mediation when individuals are pitted against institutions

David Burrows laments the opportunities missed in the Civil Justice Council’s recent report on compulsory ADR

The Property Litigation Association (PLA) and The Royal Institution of Chartered Surveyors (RICS) have teamed up to launch a new mediation service aimed at helping neighbours resolve property boundary disputes without resorting to court action.

The commercial mediation market grew by 38% in the 12 months leading up to March 2020, the start of the pandemic, with approximately 16,500 commercial mediations performed in the UK, according to a biannual audit by the Centre for Effective Dispute Resolution (CEDR).

Mandatory mediation: an impossible contradiction? Not in Ontario, Canada. Jennifer Egsgard reports.

Compulsory mediation is on the agenda, say John Bramhall & Francesca Muscutt

The Singapore Convention on Mediation has been widely hailed but there may be cloud behind the silver lining, law professors write in this week’s NLJ

The Singapore Convention on Mediation: Bryan Clark & Tania Sourdin present a minority view

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MOVERS & SHAKERS

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Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS

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NLJ this week: Big tech for small firms

Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs

NLJ this week: Presumption of capacity reaffirmed

The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination

NLJ this week: Justice delayed, justice denied

Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly

NLJ this week: The road ahead for employment rights

Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ

NLJ this week: SLAPPed shut?

From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics

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Mediation

MOVERS & SHAKERS

Birketts—trainee cohort

Keoghs—four appointments

Brabners—Ben Lamb