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10 February 2011 / Michael Lind
Issue: 7452 / Categories: Features , Mediation
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Stemming the tide

Michael Lind considers the place for mediation in a brave new world

Next month Italy will introduce a law making mediation mandatory prior to pursuing litigation. In most commercial disputes, Italian parties will be required to mediate under new rules implemented as a result of the European Union Mediation Directive 2008 (Directive 2008/52/EC). This bold move is designed to help reduce the number of cases before the ailing Italian court system which is bursting at the seams.

Most thought leaders, including the former lord chief justice, Lord Woolf believe that the UK should resist a move to make mediation mandatory, since mediation stands the greatest chance of being used effectively by parties and legal advisers if it is voluntary.

One of the regulatory objectives the Legal Services Act 2007 sought to introduce was greater competition in the provision of legal services. Lawyers are now faced with increased competition from within the profession and from new entities offering legal services outside traditional legal practices.

Scrutiny

As well, in a post recession world, billing practices have

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
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Doctors and nurses could be sued for mistakes made by the artificial intelligence (AI) equipment they use to treat patients, researchers have warned
The law sector has been chosen as the testing ground for the government’s AI Growth Labs—speeding up development, testing and regulatory compliance so software can be market-ready more quickly
A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
Artificial intelligence (AI) legal assistants will be deployed to cut delays in the Crown Court, ministers have announced
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