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NLJ this week: Mandatory mediation—unneeded in commercial claims?

01 September 2023
Issue: 8038 / Categories: Legal News , Mediation , ADR , Profession
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Compulsory mediation sounds like an oxymoron to the uninitiated, but is a serious government proposal. In this week’s NLJ, Catherine Penny, partner at Stevens & Bolton, asserts that it can work well for lower value claims, but questions its value for larger commercial claims.

In July, the government announced it intends to go ahead with plans for mandatory mediation for all defended Pt 7 civil claims in the county court (mainly claims valued at less than £10,000), with a plan subsequently to extend this to larger claims worth up to £25,000.

So far so good, but will this lead to mandatory mediation for larger commercial claims in the High Court? Penny puts forward a strong case against such a move, citing convincing reasons why this should not happen, including that High Court cases ‘can involve hundreds of pages of pleadings, thousands of documents in disclosure, and multiple witnesses (both factual and expert)’. Moreover, the decision as to when to mediate is ‘part of a litigant’s litigation strategy’—mandatory mediation risks not only ruining the chess moves but wasting costs, generating additional case conferences and trespassing into the territory of client privilege. 

Find the full argument here.

MOVERS & SHAKERS

Birketts—trainee cohort

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Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

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Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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