header-logo header-logo

11 August 2011 / Martin Burns
Issue: 7478 / Categories: Features , Profession , Mediation , ADR
printer mail-detail

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

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: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and 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 High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll