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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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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