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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.

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NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
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