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Best person for the job?

28 March 2013 / Martin Burns
Issue: 7554 / Categories: Features , Procedure & practice
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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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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