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08 January 2010 / Geraldine Morris
Issue: 7399 / Categories: Features , Mediation , Family
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Ready for take off

Geraldine Morris debunks some mediation myths & says it’s time for some creative thinking

As we come to the end of the current decade it is notable that the options for resolving issues on relationship breakdown have significantly widened. In the nineties the majority of family lawyers only had two methods of dispute resolution available to them—negotiation and court proceedings.

Alternative dispute resolution (ADR) has entered the mainstream to the extent that there is now discussion as to whether it should be called “alternative” at all. But is the original form of ADR—mediation—being eroded by the newer form of collaborative law?

A relative newcomer to the ADR arena, collaborative law was given a significant boost recently when the Legal Services Board confirmed that it would be incorporated into the family specification with effect from October 2010.

Mediation has been compulsory for clients seeking public funding for some time but may not always be appropriate because of, for example, domestic violence or because the non-publically funded party won’t attend mediation.

Mediation myths

Mediation

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Bell Yard Kysen—Liz Giles

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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