Mediation

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A range of options are available for separating couples wishing to iron out their disputes without going head-to-head in court. In this week’s NLJ, Joanna Newton explores what’s available and sets out the pros, cons and quirks of each

Churchill v Merthyr Tydfil [2023] was a gamechanger for mediation and its ramifications continue to rumble, as noted in this week’s NLJ by family law solicitor-advocate and NLJ columnist David Burrows

Churchill has confirmed a court may order ADR, but we need more believers, says David Burrows

Ministers have scrapped plans for compulsory mediation and will pilot early legal advice instead—a decision welcomed by family lawyers

From encouragement to compulsion? Mediation in English civil justice after Churchill by Bryan Clark & Zora Kizilyurek

The Churchill v Merthyr Borough Council case has clarified the position on judge-mandated mediation—or has it?

Stephen Shaw busts some mediation myths & explains why it’s preferable to ‘litigatory roulette’

Courts can order parties to engage in mediation and other forms of alternative dispute resolution, the Court of Appeal has clarified

Getting justice or getting even? Stephen Shaw examines the role of jealousy in settling disputes & how best to tackle it

Compulsory mediation sounds like an oxymoron to the uninitiated, but is a serious government proposal. In this week’s NLJ, Catherine Penny, partner at Stevens & Bolton, asserts that it can work well for lower value claims, but questions its value for larger commercial claims.

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MOVERS & SHAKERS

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Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS

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NLJ this week: No such thing as a ‘Welsh seat’

Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot

NLJ this week: Jury reform risks justice for efficiency’s sake

The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’

NLJ this week: Crypto fightback offers ‘new frontier for law’

A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes

NLJ this week: Time to revive the duty to report crime?

After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent

NLJ this week: When are experts truly ‘necessary’?

Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25

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Mediation

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Freeths—Michelle Kirkland Elias

Flint Bishop—Deborah Niven