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14 December 2012 / Steven O'Sullivan
Issue: 7542 / Categories: Features , Procedure & practice , ADR
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The right approach

Intransigence has no place at the mediation table, says Steven O’Sullivan

As someone who defends claims against solicitors for a living, I am quite a fan of mediation. It can be a great alternative to the expensive roulette wheel of litigation, allowing parties to determine their own settlement rather than having a solution imposed upon them by a third party. Entrenched views can be challenged not just by the opposition, but by an objective third party (the mediator) who, if skilful, can make the parties wake up to the problems and risks involved with their case. However, mediation can be pointless unless the parties involved approach the process constructively. I want to illustrate this point with a particularly bad experience that I had at a mediation recently.

A case in point

The facts of the case are complex and involve multiple parties. One of those parties, the claimant, is a lender who (generally) is a multiple victim of negligence by professionals. Thus they are no strangers to this type of claim. The other

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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