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11 August 2023 / James South
Issue: 8037 / Categories: Opinion , ADR , Mediation
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Integrated mediation: the next step

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Widespread use of mediation could make a valuable contribution to resolving many disputes before the county courts: James South suggests thinking big to reap its rewards

The government announcement of 25 July 2023 is significant: to integrate commercial mediation in contested claims under £10,000 in the county court in England and Wales. However, in its submission to the Ministry of Justice on the call for evidence on mandatory mediation back in 2021, the Centre for Effective Dispute Resolution (CEDR) drew on 30 years of experience of mediating and running court-based systems in the UK, as well as assisting other countries to develop mediation within their own court systems, to advocate going further in integrating mediation into the civil justice system, rather than just applying it to small claims.

Mediators know first-hand that human beings largely like to avoid conflict, and that we have been conditioned to hand over disputes to the civil justice system. In this context, the state to date has only provided one option for resolution: adversarial litigation,

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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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