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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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
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