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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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