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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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