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11 August 2011 / Martin Burns
Issue: 7478 / Categories: Features , Profession , Mediation , ADR
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The best is yet to come

Mediation is the future—look on it as a great opportunity, says Martin Burns

While mediation as an alternative to going to court has been slowly increasing, it is not yet routinely used in the commercial sector. But things could be about to change. The coalition government is pushing the mediation agenda very hard indeed.

Little understanding of mediation

Comparatively few mediations take place. This might be down to the fact that there is little compulsion to do so. We know that the civil procedure rules encourage mediation, and gives power to the courts to penalise parties who fail to properly consider alternatives to trial. But it is clear that most parties, who end up in litigation, have little understanding of mediation. Added to this is the probability that many lawyers are trained litigators not mediators. They have simply not been incentivised to use mediation, and have found it fairly easy to wriggle out of it.

Mediation is a very useful tool for resolving disputes, and when it

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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