header-logo header-logo

28 November 2019 / Bryan Clark
Issue: 7866 / Categories: Features , Profession , ADR
printer mail-detail

Lomax v Lomax & the future of compulsory mediation

12265
Bryan Clark provides a backdrop to the current law & practice around compulsory mediation
  • Compulsory mediation can be criticised on practical and policy grounds and significant barriers to mediation exist in legal circles and also with litigants.
  • However, mediation can be successful even when parties do not enter the process under their own steam.

There have been few issues more controversial in the English civil justice arena than compulsory mediation. Over recent years, a broad range of opinions has been voiced and much ink spilt over this matter. While the official position remains in England and Wales that compulsory mediation is not sanctioned, the recent Court of Appeal case of Lomax v Lomax [2019] EWCA Civ 1467, [2019] All ER (D) 87 (Aug) has again thrust the issue into the spotlight and may be seen as a catalyst for change. This article provides a backdrop to the current law and practice around compulsory mediation in England and Wales, reviews the decision in Lomax and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Simone Ketchell

Browne Jacobson—Simone Ketchell

Browne Jacobson adds top property litigation Partner in record real estate expansion

Fieldfisher—Megan Goodyer

Fieldfisher—Megan Goodyer

Fieldfisher expands Personal Injury team with impressive partner from Stewarts

Clyde & Co—Jack Holling

Clyde & Co—Jack Holling

Global firm strengthens insurance practice with appointment of partner

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll