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10 February 2011 / Paul Randolph
Issue: 7452 / Categories: Features , Mediation
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The mediation conundrum

Is mediation in need of government intervention, asks Paul Randolph

The mediation community has been encouraged by the repeated remarks of government ministers and other leading figures, expressing their determination to promote mediation.But this will not happen unless the government grasps the nettle and makes mediation compulsory—or alternatively, unless mediation undergoes a major marketing makeover. Or both.

In this publication in April last year (160 NLJ 7412, p 499), I compared mediation and litigation to two stain removers: “mediation” was recommended by many as a fast, cheap, and easy to use stain remover, effective on most stains; whereas litigation was slow, expensive to use, and invariably left an indelible stain. Yet the public are queuing up to buy litigation, and leaving mediation on the shelf. Such a marketing conundrum demands an explanation, and a prudent manufacturer would ask: “Where are we going wrong?”

The root of the problem is that most parties in dispute seek only one thing: “justice”—and they associate justice and fairness only with judges and the courts. We are thus victims

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Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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