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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

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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