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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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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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