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09 September 2016 / Peter Causton
Issue: 7713 / Categories: Features , Mediation
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A call to ADRms

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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