header-logo header-logo

11 September 2009 / David Burrows
Issue: 7384 / Categories: Features , Mediation , Family
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll