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11 September 2009 / David Burrows
Issue: 7384 / Categories: Features , Mediation , Family
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Mediative adjudication

Mediative, co-operative justice would benefit all parties and protect the legal aid budget, says David Burrows

In the week that, in this country, legal aid was 60 years old and mediation a mere 30 NLJ had at least four articles on, or relevant to, mediation.
Two family lawyers—family lawyers are to the fore of mediation efforts in this country—led: James Pirrie on collaborative law matters, while Geraldine Morris of LexisPSL and Resolution (a group of family lawyers) explained the fundamental principles of mediation.

Joy Davies looked forward to the next 20 years of “civil and commercial mediation”, and the law reports covered AF v BG [2009] EWCA Civ 757, [2009] All ER (D) 249 (Jul) which gave impetus to the settlement ethos under Civil Procedure Rules 1998 Pt 36—technical objections to an offer were overridden by the court (see NLJ, 31 July 2009).
Family mediation all began with Report of the Committee on One-Parent Families, 1974 (the Finer Report).

The report referred to “conciliation” in family disputes; so as part of our local Finer Joint

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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