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28 January 2021 / John Bramhall , Francesca Muscutt
Issue: 7918 / Categories: Features , Profession , ADR , Mediation
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Mediation: access all areas?

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Compulsory mediation is on the agenda, say John Bramhall & Francesca Muscutt
  • Significant civil justice reform expected.
  • The need to revisit Halsey and its ‘denial of access to justice’ objection.
  • Laying the foundations for ADR reform and, in particular, compulsory mediation.
  • An old-fashioned approach?

With Sir Geoffrey Vos taking over as Master of the Rolls this month, he is expected to introduce significant civil justice reform. He has described himself as ‘a sympathetic critic of the Woolf reforms’ and has dubbed the reforms as ‘inadequately revolutionary for their time’.

He has also been a prominent speaker on the need for improved efficiencies in the court system to promote greater access to justice. The issue of compulsory or non-consensual alternative dispute resolution (ADR), in particular compulsory mediation, is expected to be high on his reform agenda.

Until recently, the widely understood and established position has been that, while the courts would encourage parties to use ADR and would impose heavy costs sanctions on a party that unreasonably

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