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28 July 2011 / Dr Ann Brady
Issue: 7476 / Categories: Features , Procedure & practice , EU , Mediation
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Time for reflection?

Dr Ann Brady considers the role of mediation across the EU

The 2002 European Commission Consultative Paper on alternative dispute resolution (ADR) in civil and commercial law initiated a broad-based consultation on a number of legal issues relating to mediation and brought into sharp focus variations between individual member states such as: domestic legislation, or lack of it, regulating the use of mediation; provision of mediation according to the type of legal system operated; the training and regulation of mediators; costs of operating mediation services and who should bear the financial burden. Among a number of major EU initiatives following this consultative paper, two have particular significance: the European Code of Conduct for Mediators and Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters.

Code of Conduct

The European Code of Conduct for Mediators sets out the following principles to which both individual mediators and mediation services providers can voluntarily commit: competence; appointment and advertising of mediators’ services; independence; neutrality of mediators; mediation agreements; fairness of the

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Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

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Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

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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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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