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20 May 2016 / Emily Johnson
Issue: 7699 / Categories: Features , Profession
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Coming from America?

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Emily Johnson asks whether the rise of mediation in the US could be mirrored in English civil practice

On 16 June 2014, I was awarded the Anglo-American Scholarship by the Honourable Society of the Middle Temple. The scholarship was founded in order to foster relations between the Bar of England and Wales and the Bar of the United States of America. Every year a newly Called barrister is selected to receive the scholarship and visit the US as an ambassador of the Bar of England and Wales.

The scholarship gave me the opportunity to complete a six-week internship at Critelli Law, a prestigious civil and commercial law firm based in Des Moines, Iowa, which is described by Chambers and Partners as a “cutting edge” practice. The firm is led by Nicholas Critelli, a dual-qualified English barrister and American attorney and a Bencher of the Honourable Society of the Middle Temple.

The internship provided an insight into the American legal system, in particular, the rise of mediation.

The rise of mediation in the US

Throughout my internship, I was struck by the vital role played by

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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’
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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
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