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17 August 2012 / Peter Whitman
Issue: 7527 / Categories: Features , Procedure & practice , Mediation , ADR
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Selection matters

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Peter Whitman debates the pros & cons of selecting your own tribunal

How often is that, having taken, what is for many, the forward thinking step of considering mediation as the appropriate form of dispute resolution, the problem of whom should be appointed as the mediator, arises? Suddenly an extra dimension has been added to the process—the parties have been given a choice of who will deal with the case. Rather than being allocated a judge by the Court Service, and possible one they would rather avoid, to make a finding, the parties now have the opportunity to choose who will assist in facilitating an agreement. The opportunity to look at a mediator’s profile and decide if his, or her, experience is such that qualifies them to deal with this particular case, and its areas of law.

An added dimension

This is an additional dimension, but is it a problem? I accept that extra time has to be spent in locating a suitable mediator, agreeing the appointment and the date for

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