header-logo header-logo

13 May 2010
Issue: 7417 / Categories: Legal News
printer mail-detail

Mediation education

Mediation and ADR should be a part of every lawyer’s education, the master of the rolls has said.

Lord Neuberger stressed the importance of making mediation “second nature” for judges and practitioners, in a speech to the fourth Civil Mediation Council national conference, on “Educating future mediators”, last week. The culture of mediation should be embedded “from the very beginning of a lawyer’s training”. It was therefore “essential” that an ADR version of the White and Green Books come into existence.

“An authoritative guide to all forms of ADR, giving details of every reputable mediation and ADR provider, setting out the different forms of ADR, outlining their benefits and drawbacks, and their applicability to different cases and circumstances seems to me to be an essential,” he said.

“That such a guide does not yet exist suggests to me that more education of practitioners is still needed. It suggests that many of them are not yet routinely turning their minds regularly to the possibility of ADR when they consider a client’s dispute.”

While litigation must be a remedy of last resort, it is essential in a civilised society, he said. “There is no question of the proper promotion of mediation and ADR being in some way antipathetic to a strong commitment to a justice system based on litigating and enforcing rights.”
 

Issue: 7417 / Categories: Legal News
printer mail-details

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
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
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
back-to-top-scroll