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24 May 2007 / Tony Allen
Issue: 7274 / Categories: Features , ADR
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Tough talking

Do reality-testing, risk analysis and evaluation offer a new model for co-mediation? asks Tony Allen

There has always been debate about the extent to which mediators should evaluate the prospects of parties’ success at trial. UK parties and lawyers have instinctively responded less well to bullish interventions by mediators, perhaps reflecting the reluctance with which mediation itself has been embraced here overall.

Ever since the early days of mediation here, lawyers have frequently sought mediators with sector experience which fits with the overall habit of lawyers in English litigation of having someone with an apparently suitable reputation to whom responsibility can be passed for sorting out a problem.
Of course, lawyers who have proposed or gone along with the nomination of a mediator with their client’s knowledge and approval want that mediator to look competent in technical areas relevant to the dispute. But do they actually want the mediator to ask awkward questions of their team? Wise lawyers will welcome this, but might be tempted to think that a facilitative mediator, less inclined to ask probing

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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