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Brexit & alternative dispute resolution

02 December 2020
Issue: 7913 / Categories: Legal News , Brexit , Procedure & practice , ADR
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Laws around confidentiality, enforceability and limitation periods in mediation agreements will be affected when the Brexit transition period ends this month, the Law Society has warned practitioners.

It published guidance last month on cross-border alternative dispute resolution (ADR) post-transition. The guidance, which will apply whether or not the UK and EU agree a deal, highlights that the 2011 Regulations implementing the EU Mediation Directive will be repealed and replaced on 1 January.

The free European Online Dispute Resolution platform for online sales and contracts will no longer be available to UK businesses and consumers. Arbitration will be largely unaffected post-transition.

Last week, a cohort of law societies and business groups wrote to the European Council president, Charles Michel and other EU leaders urging them to readmit the UK to the Lugano Convention post-transition. Law Society president David Greene said Lugano, which clarifies which national courts have jurisdiction, ‘makes dispute resolution more accessible’.

Issue: 7913 / Categories: Legal News , Brexit , Procedure & practice , ADR
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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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