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15 April 2016 / Martin Burns
Issue: 7694 / Categories: Features , Profession , ADR
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Do not pass go

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Martin Burns considers the situations when mediation may be unsuitable

Mediation is a practical and sensible method for resolving an immense range of disputes. There is plenty of first-hand testimony to demonstrate the effectiveness of mediation, and it is increasingly being used in both commercial and consumer markets.

It is particularly useful where parties want to be in charge of the process and timetable, and retain control over the ultimate decision on their dispute. Mediation is nearly always the right way to go when parties believe their differences can be resolved through discussion, and they are willing to cooperate in finding solutions.

Parties often want to resolve their differences in private, particularly if they are worried about the possibility of commercially sensitive or personal issues becoming public, as would happen if their dispute ended up in court. Mediation is especially attractive where there is desire to maintain continuing relationships, which could be damaged in adversarial forums such as arbitration or litigation.

But mediation may not always be suitable. There are certain situations where

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NEWS
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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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