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01 December 2023 / Stephen Shaw
Issue: 8051 / Categories: Features , Mediation
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Reasons to be cheerful, Pt 3

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Stephen Shaw busts some mediation myths & explains why it’s preferable to ‘litigatory roulette’

I have written in the past, about a few canards that people come up with for not mediating. I thought I’d leave the soppiest till last, so that I could really knock them on the head. But then, after a little more thought, I irritatingly started seeing the other side’s point of view, which I guess is the price you have to pay for being a mediator.

We need cases to develop the law

Part one: ‘If everyone keeps going off and settling their disputes, we’d have no common law, no caselaw, no precedent—and then where would we be?’ At first sight this is truly bonkers. It’s like saying, ‘Let’s encourage everyone to lead unhealthy lifestyles, because without sick people, we won’t have good medical research—and then where would we be?’ Answer: ‘If everyone were healthy, we wouldn’t need medical research—stoopid!’

But of course, it’s not so stoopid, because people get ill, notwithstanding a healthy

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
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
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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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