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01 September 2023
Issue: 8038 / Categories: Legal News , Mediation , ADR , Profession
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NLJ this week: Mandatory mediation—unneeded in commercial claims?

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Compulsory mediation sounds like an oxymoron to the uninitiated, but is a serious government proposal. In this week’s NLJ, Catherine Penny, partner at Stevens & Bolton, asserts that it can work well for lower value claims, but questions its value for larger commercial claims.

In July, the government announced it intends to go ahead with plans for mandatory mediation for all defended Pt 7 civil claims in the county court (mainly claims valued at less than £10,000), with a plan subsequently to extend this to larger claims worth up to £25,000.

So far so good, but will this lead to mandatory mediation for larger commercial claims in the High Court? Penny puts forward a strong case against such a move, citing convincing reasons why this should not happen, including that High Court cases ‘can involve hundreds of pages of pleadings, thousands of documents in disclosure, and multiple witnesses (both factual and expert)’. Moreover, the decision as to when to mediate is ‘part of a litigant’s litigation strategy’—mandatory mediation risks not only ruining the chess moves but wasting costs, generating additional case conferences and trespassing into the territory of client privilege. 

Find the full argument here.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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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