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12 September 2014 / Gillian Mather
Issue: 7621 / Categories: Features
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Is it a family affair?

Gillian Mather considers the viability of using mediation to solve family disputes

Last autumn, I took a Resolution family mediation course without much idea what to do with it afterwards. In fact as I mainly these days earn my meagre living from conveyancing, I’ve had little time to follow up on the course but by the by, a similar code of conduct to Resolution’s could productively be adopted by conveyancers to discourage the knee-jerk unhelpful adversarial attitude of some seller’s solicitors, deflecting reasonable enquires regardless of huge sale prices and behaving as though acting for someone on death row.

Thin on the ground

But back to the mediation. The course was very enjoyable and quite a laugh into the bargain. But it transpires that mediation work is rather thin on the ground. One visiting local solicitor I quizzed about his firm’s mediator in case of a chance of some co-mediation said: “Yes I think she’s done one so far.” The public’s apparent reluctance to engage in mediation seems strange when the parties otherwise often

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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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