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21 June 2012 / Tony Allen
Issue: 7519 / Categories: Features , Procedure & practice , Mediation , Damages , ADR
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A matter of trust

Should mediators (& mediation) be trusted? Tony Allen reports

An article in NLJ last September asked if mediators can be legally trusted, and this needs an answer (“Can you trust a mediator?” NLJ, 23 September 2011, p 1288).

During a mediation of a reasonable provision claim from an artist’s estate, the mediator brought to the claimant the defendants’ offer of a cash sum plus one of the deceased’s painting, saying that the painting had been professionally valued at £80,000 “If sold at auction”, producing a written valuation obtained by the defendants the previous day. The offer was accepted by the claimant “in reliance on the mediator’s representation that the valuation was a market valuation” (see Clay v Lenkiewicz Foundation (Plymouth County Court 9PL05124)).

However, the valuation was for insuring the cost of purchasing a similar painting if lost or destroyed, rather higher than market value, so the claimant started fresh proceedings, seeking damages over the allegedly material misrepresentation which induced the mediated settlement.

The new proceedings settled before

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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