Mediation

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?

Edward Nyman considers recent themes emerging in cases where parties turn down mediation

The Civil Mediation Council (CMC) has launched a public consultation on a draft Code of Professional Practice for Mediators

Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial

What are the costs penalties when a defendant won’t mediate? Masood Ahmed & Sanjay Dave Singh consider the case law

Increasing numbers of family mediators are cutting back on legal aid work or leaving the sector altogether due to low fees—creating a supply shortfall for low-income families

The government has granted a two-week extension for responses to its consultation on proposals to implement the Singapore Convention on Mediation due to the level of interest received

Economic uncertainty, court delays, dwindling legal aid & rising costs are all aiding the recent rise in the number of financial disputes in divorce cases, writes James Maguire

Mediators should not be celebrating the repeated extension of the Family Mediation Voucher Scheme, according to Stuart Hanson, an FMC-accredited mediator, professional practice consultant and legal aid internal supervisor at Direct Mediation Services.

Stuart Hanson on why mediators should not be celebrating the repeated extension of an inadequate scheme

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MOVERS & SHAKERS

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Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS

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Pro Bono Week marks silver jubilee

The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK

NLJ this week: Pro bono’s silver lining

Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice

NLJ this week: Wrong expert, costly exit

Choosing the wrong expert can cost a clinical negligence claimant more than their case

NLJ this week: Time for judges to break their silence?

Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues

NLJ this week: Discounted damages, different costs

A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims

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Mediation

MOVERS & SHAKERS

Anthony Collins—20 promotions

Sidley—Elaine Whiteford

Charles Russell Speechlys—Claudina D’Costa