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Ready for take off

08 January 2010 / Geraldine Morris
Issue: 7399 / Categories: Features , Mediation , Family
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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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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

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Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
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'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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