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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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MOVERS & SHAKERS

Trowers & Hamlins—Rahul Sagar

Trowers & Hamlins—Rahul Sagar

Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

mfg Solicitors—Ian Sheppard

Commercial litigation team welcomes senior associate in Birmingham

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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