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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

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Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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