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19 January 2024 / Bryan Clark , Zora Kizilyurek
Issue: 8055 / Categories: Features , Profession , Mediation , ADR
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Mediation: Time to fly?

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From encouragement to compulsion? Mediation in English civil justice after Churchill by Bryan Clark & Zora Kizilyurek
  • Explores the meaning and significance of Churchill v Merthyr Borough Council, where it was held a judge can order parties to mediate. This overturned Halsey.
  • Asserts the decision leaves several issues yet to be resolved.

Mediation is firmly established on these shores and well-integrated into the civil justice system. With the origins of this embedding found in Lord Woolf’s reforms (Harry Woolf, Access to justice: final report (1996), mediation has since expanded through court-annexed pilot schemes, via judicial promotion and robust encouragement in the form of cost sanctions for unreasonable refusals to mediate, and most recently through the government’s intention to introduce ‘automatic referral’ to mediation for small claims disputes (Government response to Ministry of Justice (MoJ) consultation, Increasing the use of mediation in the civil justice system, September 2023). Automatic referral to mediation (in essence, compulsion) has also been proposed for family disputes (MoJ consultation, Supporting earlier resolution

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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