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30 July 2009 / Joy Davies
Issue: 7380 / Categories: Features , Commercial
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Directing to educating?

Joy Davies looks to the next 20 years of civil & commercial mediation

It is increasingly difficult to answer the question about the future of UK civil and commercial mediation given the surprising developments in the promotion of mediation as a method of dispute resolution during the last 10 years. It could go one of two ways: (i) judicial and government-led compulsion or (ii) a return to grass-roots level with control being returned to the end user. The Access to Justice Report, government pledges, judicial decisions, alternative dispute resoltuion service providers, the Civil Mediation Council and court mediation schemes have, during this period, been both allies and competitors for the position to control or influence the agenda for the development of what currently appears to be a market for mediation that is static.

What happened to the development of this exciting, new, interesting, practical and commercial method of resolving disputes that began filtering into legal practice 20 years ago?

Have the detractors who thought mediation to be inappropriate, unsophisticated, hit and miss, a threat

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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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