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28 March 2013 / Martin Burns
Issue: 7554 / Categories: Features , Procedure & practice
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Best person for the job?

Martin Burns highlights the benefits of appointing a commercial mediator

There is no doubt that mediation of commercial disputes is on the government agenda, and its promise to reduce costs and promote consensus is genuinely attractive. But is mediation ever going to really stack up as a viable alternative to the courts?

The problem for mediation is that it has not been properly embraced by lawyers and used as a matter of routine. The history of mediation in the UK over the past 20 years suggests this is not going to happen anytime soon.

Lawyers know how to litigate. It is what they are trained to do. The courts are their comfort zone. Litigation is the lawyer’s natural state of mind and it is normal for them to advise their clients to litigate rather than mediate. It is also understandable that lawyers who act as mediators will often struggle to move out of an adversarial mindset, and find it difficult to adopt an approach that is all about patiently facilitating an amicable

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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