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The mediation conundrum

10 February 2011 / Paul Randolph
Issue: 7452 / Categories: Features , Mediation
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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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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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