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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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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