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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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