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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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