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30 July 2009 / Geraldine Morris
Issue: 7380 / Categories: Features , Procedure & practice , LexisPSL
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Tools of change

Geraldine Morris explains the fundamental principles of mediation

By virtue of the Law Society’s Family Law Protocol (since February 2002) , unless it is clearly inappropriate to do so, family solicitors are required to explain mediation and collaborative processes and advise on thae benefits and/or limitations in the client’s specific case plus the role of the solicitor in supporting the mediation process where appropriate. Thus methods of ADR cannot be disregarded by family lawyers who are not trained mediators or collaborative lawyers. The suitability of ADR cannot then be forgotten after the initial advice, but rather kept under review throughout.  A distinction may be drawn between the role of a mediator (who may or may not be a family lawyer) and the mediation based skills many family lawyers have developed in the course of their normal practice.

The client

It is inevitable that parties experiencing the breakdown of their own relationship will find it difficult to separate out their roles as parents (which will continue) and partners/spouses/civil partners. Both family lawyers and mediators

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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