Mediation

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Parties brave (or foolhardy) enough to reject mediation who get their risk assessment wrong are extremely likely to face tough sanctions, as Tony Allen explains

Tony Allen, solicitor and CEDR Chambers mediator, continues his series of articles on whether mediation can be compulsorily ordered, in this week’s NLJ

Tony Allen continues his series on the future of dispute resolution by exploring the concept (& reality) of compulsory ADR

Should mediation and other forms of alternative dispute resolution (ADR) be compulsory?

In an exclusive series of updates for NLJ, Tony Allen presents an alternative thesis on the shape of future dispute resolution

In the first of a series of articles on the legacy of Halsey, the 2004 authority that a court cannot order parties to mediate against their will, Tony Allen, solicitor and CEDR Chambers mediator, looks to the future of alternative dispute resolution

Post-Kumar, Bryan Clark considers the use of legal representation within mediation when individuals are pitted against institutions

David Burrows laments the opportunities missed in the Civil Justice Council’s recent report on compulsory ADR

The Property Litigation Association (PLA) and The Royal Institution of Chartered Surveyors (RICS) have teamed up to launch a new mediation service aimed at helping neighbours resolve property boundary disputes without resorting to court action.

The commercial mediation market grew by 38% in the 12 months leading up to March 2020, the start of the pandemic, with approximately 16,500 commercial mediations performed in the UK, according to a biannual audit by the Centre for Effective Dispute Resolution (CEDR).

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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