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Mediation remodelled

24 April 2008
Issue: 7318 / Categories: Legal News , Procedure & practice , Mediation , Family
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In Brief

The Centre for Effective Dispute Resolution’s Model Mediation Agreement has been revised in a bid to reflect mediation’s increased integration into regular litigation practice. Under the new standard procedure, parties will still share mediator costs equally, but parties will be able to claim mediation expenses as costs in the case if the matter goes to trial. The rules on mediation confidentiality have also been tightened meaning the fact that mediation takes place is not confidential, unless the parties choose otherwise. Additionally, the mediator’s liability is now limited to cases of fraudulent acts or omissions, or those involving wilful misconduct. In the old agreement, a mediator was liable only if shown “to have acted in bad faith”.

Issue: 7318 / Categories: Legal News , Procedure & practice , Mediation , Family
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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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