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09 September 2016 / Peter Causton
Issue: 7713 / Categories: Features , Mediation
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A call to ADRms

New wine in old bottles or the nuclear deterrent? Peter Causton discusses mediation post Briggs & the Brexit vote

Much has been written about the effect of Brexit upon the cross border reciprocal arrangements for enforcement of judgments and making claims, but not much about the impact on the advancement of alternative dispute resolution and mediation in the UK, following Brexit and Lord Justice Briggs’s Civil Courts Structure Review.

The EU published its report on the EU Mediation Directive 2008/52/EC on 26 August 2016, following a consultation. It is clear from this report that much has been achieved in promoting mediation in EU member states for civil and commercial disputes, since the directive was introduced. The report says that most member states have extended the measures to domestic cases. However, the Directive has brought about no, or limited, changes to the systems of the 15 states which had a pre-existing system, although four states had adopted mediation systems for the first time.

Mediation

The report identifies difficulties in functioning in practice, mainly related to the lack of a mediation “culture” in member states,

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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
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