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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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
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