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The best is yet to come

11 August 2011 / Martin Burns
Issue: 7478 / Categories: Features , Profession , Mediation , ADR
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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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Weightmans—Emma Eccles & Mark Woodall

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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