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13 May 2010
Issue: 7417 / Categories: Legal News
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Mediation education

Mediation and ADR should be a part of every lawyer’s education, the master of the rolls has said.

Lord Neuberger stressed the importance of making mediation “second nature” for judges and practitioners, in a speech to the fourth Civil Mediation Council national conference, on “Educating future mediators”, last week. The culture of mediation should be embedded “from the very beginning of a lawyer’s training”. It was therefore “essential” that an ADR version of the White and Green Books come into existence.

“An authoritative guide to all forms of ADR, giving details of every reputable mediation and ADR provider, setting out the different forms of ADR, outlining their benefits and drawbacks, and their applicability to different cases and circumstances seems to me to be an essential,” he said.

“That such a guide does not yet exist suggests to me that more education of practitioners is still needed. It suggests that many of them are not yet routinely turning their minds regularly to the possibility of ADR when they consider a client’s dispute.”

While litigation must be a remedy of last resort, it is essential in a civilised society, he said. “There is no question of the proper promotion of mediation and ADR being in some way antipathetic to a strong commitment to a justice system based on litigating and enforcing rights.”
 

Issue: 7417 / Categories: Legal News
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

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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