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01 May 2008 / Steven Friel
Issue: 7319 / Categories: Features , Mediation , Family , Constitutional law
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Another Way

ADR: should we be more alternative? Steven Friel investigates

Over the last 10 years, since the Woolf Reforms of the late 1990s, the courts have gone to great lengths to encourage alternatives to litigation for the resolution of civil and commercial disputes. Mediation, a form of non-binding structured negotiations involving a neutral third party mediator, is the principal method of alternative dispute resolution considered by litigants and encouraged by the courts.

However, such is the fervour with which the courts have come to embrace mediation that, in many cases, it is no longer considered an optional alternative. It has become, to a large extent, a mandatory procedure that litigants must have a good reason not to attempt, and must be approached by litigants in an objectively reasonable manner if they are not to be met with adverse costs orders later down the line.

 

Litigant Pitfalls

The recent case of The Earl of Malmesbury v Strutt and Parker [2008] EWHC 424 (QB), [2008] All ER (D) 257 (Mar)

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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