Mediation

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Tony Allen continues his series on the future of dispute resolution by exploring the concept (& reality) of compulsory ADR

Should mediation and other forms of alternative dispute resolution (ADR) be compulsory?

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

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MOVERS & SHAKERS

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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

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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

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Mediation

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Morgan Lewis—Kat Gibson

Foot Anstey McKees—Chris Milligan & Michael Kelly