header-logo header-logo

You can drag a horse to mediation....

04 July 2013 / Graham Huntley
Issue: 7567 / Categories: Opinion , Commercial , ADR , Litigation trends
printer mail-detail

Graham Huntley sees limits to mediation in many commercial disputes

So much of the attention given to the Jackson reforms has been on the issue of proportionality of costs. However, Lord Justice Jackson also advocated a resurgence of interest in alternative dispute resolution (ADR) and in particular mediation. His Review of Civil Litigation Costs in January 2010 reached a conclusion that “ADR (particularly mediation) has a vital role to play in reducing the costs of civil disputes by fomenting the early settlement of cases” and that “its potential benefits are not as widely known as they should be”.

Authoritative book

In support of the general proposition he recommended an authoritative book on ADR be published, setting out practical elements and guidance for all judges who hear civil cases. The resulting book was published in May and apparently copies have been given to almost all High Court judges. At the same time the Ministry of Justice has cited mediation as the “raison d’être” or “excuse” for withdrawing legal

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll