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26 July 2018 / Graham Massie
Issue: 7803 / Categories: Features , ADR
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Taking stock of mediation

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Graham Massie charts the growth & success of mediation across the civil justice landscape

At the end of the 20th century an anecdotally large proportion of the legal sector regarded commercial mediation as a nuisance that got in the way of litigation. Today (and 28 years since commercial mediation began to put down roots in the UK) that era would appear to be behind us as the key finding from the 2018 CEDR Mediation Audit shows an increase of 20% since 2016 in the number of mediations that take place each year. If one looks at the Quarterly Civil Justice statistics published by the government in recent years (when removing small claims) you come to a number of just over 60,000 claims a year against which 12,000 mediations taking place over the same period looks rather healthy.

The primary focus of the audit, conducted for the last 16 years biennially by the Centre for Effective Dispute Resolution (CEDR) as part of its public mission, is to assess how the market and mediation attitudes

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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