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Reasons to be cheerful, Pt 3

01 December 2023 / Stephen Shaw
Issue: 8051 / Categories: Features , Mediation
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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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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