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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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