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13 December 2013 / Mark Whittell
Issue: 7588 / Categories: Features , Procedure & practice , ADR
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Don’t let matters get worse!

Mark Whittell advocates mediation for professional partnerships in a rescue situation

In this last recession we have seen an unprecedented number of professional partnerships find themselves in financial difficulties and have to seek professional advice on their solvency and long term survival, on occasions at the insistence of their bank.

Corporate rescue teams understand the economic causes behind the potential business failures and are ideally positioned to advise on the appropriate number of debtor days, the levels of WIP, the structure of teams, the necessary redundancies and the reduction of partner drawings. However, these are people businesses with personal idiosyncrasies which are often causing or exacerbating the problems which fall outside the normal remit of a corporate rescue team and it is here where we feel that both we and mediation can add value.

The type of situation where we envisage we can help by using our workplace mediation skills, the encompassing solution of a team mediation or what we call the “hybrid mediation” to avoid a “melt down” situation are

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
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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