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03 July 2008 / Steven Friel
Issue: 7328 / Categories: Features , Mediation , ADR
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Mediation: upping the tempo

Political and judicial support for mediation is increasing, says Steven Friel

The political and judicial arguments in favour of mediation as a preferred form of dispute resolution have been recently strengthened. On the political level, the EU has approved a new Mediation Directive (Directive 2008/52/EC) to encourage the use of mediation in cross-border disputes. This Directive has been supported throughout by the British government, which has indicated that it welcomes the final version. As to the judiciary, Sir Anthony Clarke MR, on 8 May 2008 gave a speech in which he called for mediation to become an integral part of our litigation culture, going so far as to support the notion of compulsory mediation in certain cases.

As long ago as October 1999, the heads of state or government of the EU member states called for the creation across Europe of alternative, extrajudicial procedures for dispute resolution to improve access to justice at the European level. Following a 2002 green paper on the subject, two initiatives were agreed. The first, a European Code

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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