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07 March 2014
Issue: 7597 / Categories: Features
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Book review: Mediation Law and Civil Practice

"This book is bang up-to-date & goes into detail about the impact of the new civil justice reforms"

Author: Tony Allen
Publisher: Bloomsbury Professional
ISBN: 978 1 78043 213 7
Price: £55.00

This is a comprehensive work, which will be of interest to a broad readership.

Tony deals with complex issues in a style that is easy to read understand by those unfamiliar with the process, as well as providing valuable insight and practical guidance to mediators and others involved in the field of mediation.

Mediation sits uneasily within the legal framework as Tony identifies on page 75 of his book: “The legal structure which underpins mediation, a flexible and adaptable process with no precedental or formal component, as to procedure, evidence or outcome is entirely determined by precedental principles derived and developed through the somewhat erratic vagaries of common or judicial decisions.Few Court rules govern its use and none regulate its conduct.The related paradox is that it is difficult to publish its success because of the very confidentiality which makes it work so well”.

Art or science?

To this I would

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NEWS
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
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’
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
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
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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