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Working better together

31 July 2019 / James South
Issue: 7850 / Categories: Features , Mediation , ADR
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James South marks a mediation milestone— the signing of the Singapore Convention—and predicts an increased uptake in mediation

The signing of the Singapore Convention on Mediation on 7 August this year, and subsequent ratification by countries around the world, will prove to be a significant milestone in the use of mediation, not only for cross border disputes but for domestic jurisdictions as well. The Convention was approved by resolution of the United Nations General Assembly in December 2018 and is intended to do the same for mediated settlements in cross-border disputes as the New York Convention of 1959 has done for International Arbitral Awards. Despite this positivity, the Convention is unlikely to change the field of mediation overnight. Nonetheless, critics who expect no change at all are also likely to stand corrected over time. In order to understand the reasons for change, one must look closer at both history and circumstance.

Why a Mediation Convention?

For decades there has been a wish to improve the status of cross border mediated agreements

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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