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10 February 2011 / Michael Lind
Issue: 7452 / Categories: Features , Mediation
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Stemming the tide

Michael Lind considers the place for mediation in a brave new world

Next month Italy will introduce a law making mediation mandatory prior to pursuing litigation. In most commercial disputes, Italian parties will be required to mediate under new rules implemented as a result of the European Union Mediation Directive 2008 (Directive 2008/52/EC). This bold move is designed to help reduce the number of cases before the ailing Italian court system which is bursting at the seams.

Most thought leaders, including the former lord chief justice, Lord Woolf believe that the UK should resist a move to make mediation mandatory, since mediation stands the greatest chance of being used effectively by parties and legal advisers if it is voluntary.

One of the regulatory objectives the Legal Services Act 2007 sought to introduce was greater competition in the provision of legal services. Lawyers are now faced with increased competition from within the profession and from new entities offering legal services outside traditional legal practices.

Scrutiny

As well, in a post recession world, billing practices have come under particular scrutiny as clients are looking more closely

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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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