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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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