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12 September 2014 / Gillian Mather
Issue: 7621 / Categories: Features
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Is it a family affair?

Gillian Mather considers the viability of using mediation to solve family disputes

Last autumn, I took a Resolution family mediation course without much idea what to do with it afterwards. In fact as I mainly these days earn my meagre living from conveyancing, I’ve had little time to follow up on the course but by the by, a similar code of conduct to Resolution’s could productively be adopted by conveyancers to discourage the knee-jerk unhelpful adversarial attitude of some seller’s solicitors, deflecting reasonable enquires regardless of huge sale prices and behaving as though acting for someone on death row.

Thin on the ground

But back to the mediation. The course was very enjoyable and quite a laugh into the bargain. But it transpires that mediation work is rather thin on the ground. One visiting local solicitor I quizzed about his firm’s mediator in case of a chance of some co-mediation said: “Yes I think she’s done one so far.” The public’s apparent reluctance to engage in mediation seems strange when the parties otherwise often face spending thousands on legal fees. That is until one

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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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