header-logo header-logo

28 March 2013 / Martin Burns
Issue: 7554 / Categories: Features , Procedure & practice
printer mail-detail

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

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll