header-logo header-logo

11 September 2009 / David Burrows
Issue: 7384 / Categories: Features , Mediation , Family
printer mail-detail

Mediative adjudication

Mediative, co-operative justice would benefit all parties and protect the legal aid budget, says David Burrows

In the week that, in this country, legal aid was 60 years old and mediation a mere 30 NLJ had at least four articles on, or relevant to, mediation.
Two family lawyers—family lawyers are to the fore of mediation efforts in this country—led: James Pirrie on collaborative law matters, while Geraldine Morris of LexisPSL and Resolution (a group of family lawyers) explained the fundamental principles of mediation.

Joy Davies looked forward to the next 20 years of “civil and commercial mediation”, and the law reports covered AF v BG [2009] EWCA Civ 757, [2009] All ER (D) 249 (Jul) which gave impetus to the settlement ethos under Civil Procedure Rules 1998 Pt 36—technical objections to an offer were overridden by the court (see NLJ, 31 July 2009).
Family mediation all began with Report of the Committee on One-Parent Families, 1974 (the Finer Report).

The report referred to “conciliation” in family disputes; so as part of our local Finer Joint Action Group we set about attracting professionals involved in family

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
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
back-to-top-scroll