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26 September 2014 / Martin Burns
Issue: 7623 / Categories: Features , Profession , ADR
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Building bridges

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Courts are taking a positive step towards supporting mediation, says Martin Burns

In England and Wales the rules which regulate the civil litigation process, (the Civil Procedure Rules) encourage use of alternative dispute resolution (ADR), and actually impose obligations on the courts to assess the extent to which parties try to avoid ending up in court by using ADR.

Method of choice

Mediation has become the ADR method of choice for many people, and it can be very effective. It is essentially a structured negotiation, facilitated by an impartial mediator. It is often categorised as a process, which involves parties putting their cases to each other via a mediator, and through him or her, seeking an amicable resolution to their dispute.

I think of mediation, not as a process, but as a collection of techniques. Some, or all, of these techniques can be employed by an independent mediator to get disputing parties out of entrenched positions and re-focused on finding their own solutions to their particular problems. Whatever way you describe mediation, it is, at any rate, commercially sensible. It positively encourages and

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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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