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30 July 2009 / Joy Davies
Issue: 7380 / Categories: Features , Commercial
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Directing to educating?

Joy Davies looks to the next 20 years of civil & commercial mediation

It is increasingly difficult to answer the question about the future of UK civil and commercial mediation given the surprising developments in the promotion of mediation as a method of dispute resolution during the last 10 years. It could go one of two ways: (i) judicial and government-led compulsion or (ii) a return to grass-roots level with control being returned to the end user. The Access to Justice Report, government pledges, judicial decisions, alternative dispute resoltuion service providers, the Civil Mediation Council and court mediation schemes have, during this period, been both allies and competitors for the position to control or influence the agenda for the development of what currently appears to be a market for mediation that is static.

What happened to the development of this exciting, new, interesting, practical and commercial method of resolving disputes that began filtering into legal practice 20 years ago?

Have the detractors who thought mediation to be inappropriate, unsophisticated, hit and miss, a threat to income, won popularity?
Has the whole debate about mediation become

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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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