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29 May 2024
Issue: 8073 / Categories: Legal News , Procedure & practice , Family , Divorce , Mediation
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Mediation compulsory for (almost) all

Parties in money claims up to the value of £10,000 must take part in a free one-hour mediation appointment, provided by HM Courts and Tribunals Service (HMCTS) Small Claims Mediation Service

Under measures introduced last week, parties who refuse mediation without good reason may be given a financial sanction or, in extreme circumstances, have their claim or defence dismissed by the judge, at the final hearing. Where parties have safeguarding concerns, such as domestic abuse or where there are vulnerable parties, mediation will not take place.

HMCTS has increased its mediators from 25 to 64. The county courts dealt with about 85,000 small money claims cases in 2022, with 20,000 of these cases opting for voluntary mediation resulting in more than half being settled.

Rebecca Clark, chair of the Civil Mediation Council, said: ‘Embedding mediation into the small claims process normalises a more conciliatory approach to dispute resolution.’

Law Society vice president Richard Atkinson welcomed the initiative but urged HMCTS to collect ‘as much data as possible’.

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
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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