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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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Boodle Hatfield—Tom McLaughlin

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Boodle Hatfield welcomes new employment partner, Tom McLaughlin

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National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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