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06 August 2021
Issue: 7944 / Categories: Legal News , ADR
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NLJ this week: Compulsory ADR? Why opportunities have been missed

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Family law solicitor advocate David Burrows laments the opportunities missed in the Civil Justice Council’s recent report on compulsory ADR, in this week’s NLJ

There is ‘little sense of any real debate,’ he writes, and ‘no family lawyer despite this being where most of the practical mediation and in-court dispute resolution has been going on for the last 45 years or so’.

He reviews the report, which identifies conditions in which compulsion can be introduced. Burrows highlights the importance of parties defining the issues.

He identifies various concerns, and looks at the ‘possibility of parallel mediation: that at stages in the process, the parties could be encouraged to engage in mediation with a view to either settling the case; settling most issues, where they are divisible; or defining what the parties can agree that they still disagree’. 

Issue: 7944 / Categories: Legal News , ADR
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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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