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A call to ADRms

09 September 2016 / Peter Causton
Issue: 7713 / Categories: Features , Mediation
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New wine in old bottles or the nuclear deterrent? Peter Causton discusses mediation post Briggs & the Brexit vote

Much has been written about the effect of Brexit upon the cross border reciprocal arrangements for enforcement of judgments and making claims, but not much about the impact on the advancement of alternative dispute resolution and mediation in the UK, following Brexit and Lord Justice Briggs’s Civil Courts Structure Review.

The EU published its report on the EU Mediation Directive 2008/52/EC on 26 August 2016, following a consultation. It is clear from this report that much has been achieved in promoting mediation in EU member states for civil and commercial disputes, since the directive was introduced. The report says that most member states have extended the measures to domestic cases. However, the Directive has brought about no, or limited, changes to the systems of the 15 states which had a pre-existing system, although four states had adopted mediation systems for the first time.

Mediation

The report identifies difficulties in functioning in practice, mainly related

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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