header-logo header-logo

Mediation: access all areas?

28 January 2021 / John Bramhall , Francesca Muscutt
Issue: 7918 / Categories: Features , Profession , ADR , Mediation
printer mail-detail
37615
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
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
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
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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
back-to-top-scroll