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01 December 2023 / Stephen Shaw
Issue: 8051 / Categories: Features , Mediation
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Reasons to be cheerful, Pt 3

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Stephen Shaw busts some mediation myths & explains why it’s preferable to ‘litigatory roulette’

I have written in the past, about a few canards that people come up with for not mediating. I thought I’d leave the soppiest till last, so that I could really knock them on the head. But then, after a little more thought, I irritatingly started seeing the other side’s point of view, which I guess is the price you have to pay for being a mediator.

We need cases to develop the law

Part one: ‘If everyone keeps going off and settling their disputes, we’d have no common law, no caselaw, no precedent—and then where would we be?’ At first sight this is truly bonkers. It’s like saying, ‘Let’s encourage everyone to lead unhealthy lifestyles, because without sick people, we won’t have good medical research—and then where would we be?’ Answer: ‘If everyone were healthy, we wouldn’t need medical research—stoopid!’

But of course, it’s not so stoopid, because people get ill, notwithstanding a healthy lifestyle. If you eat less and move more, you reduce

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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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