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01 May 2008 / Steven Friel
Issue: 7319 / Categories: Features , Mediation , Family , Constitutional law
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Another Way

ADR: should we be more alternative? Steven Friel investigates

Over the last 10 years, since the Woolf Reforms of the late 1990s, the courts have gone to great lengths to encourage alternatives to litigation for the resolution of civil and commercial disputes. Mediation, a form of non-binding structured negotiations involving a neutral third party mediator, is the principal method of alternative dispute resolution considered by litigants and encouraged by the courts.

However, such is the fervour with which the courts have come to embrace mediation that, in many cases, it is no longer considered an optional alternative. It has become, to a large extent, a mandatory procedure that litigants must have a good reason not to attempt, and must be approached by litigants in an objectively reasonable manner if they are not to be met with adverse costs orders later down the line.

 

Litigant Pitfalls

The recent case of The Earl of Malmesbury v Strutt and Parker [2008] EWHC 424 (QB), [2008] All ER (D) 257 (Mar) highlights yet again the pitfalls for litigants

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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