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17 June 2020 / Jennifer Egsgard
Issue: 7891 / Categories: Features , Profession , ADR , Mediation , Covid-19
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Corona conflict resolution

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Quarantine quarrels? This mediation tool may help solve the puzzle, says Jennifer Egsgard

Many of us are experiencing the historic coronavirus-mandated ‘lockdown’ in close, relentless companionship—of partners, children, or housemates. This presents an opportunity for closeness borne from the intensity of the experience, but also increases the chance of conflict from which it may be difficult to retreat. Our usual coping mechanisms—time alone or outside, exercise, fresh company—have been hard to access until recently, causing disagreements to loom larger. Whether about child or homecare responsibilities, prioritising careers, ‘irritating’ behaviour, the permutations for possible quarantine conflict are as varied as we are.

Mediators are trained to address conflict, and to help people move through it to resolution. One important tool that mediators use in managing conflict is active listening, the process by which a listener periodically summarises what a speaker is saying.

Active listening, or ‘looping’, was a cornerstone of the Harvard commercial mediation course I took in 2017. I was skeptical as I reviewed the advance materials. Almost everyone has heard of active listening; it’s not exactly rocket science. Wouldn’t

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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
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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