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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

Clyde & Co—Suriya Ashok

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Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

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The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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