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Mediation remodelled

24 April 2008
Issue: 7318 / Categories: Legal News , Procedure & practice , Mediation , Family
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In Brief

The Centre for Effective Dispute Resolution’s Model Mediation Agreement has been revised in a bid to reflect mediation’s increased integration into regular litigation practice. Under the new standard procedure, parties will still share mediator costs equally, but parties will be able to claim mediation expenses as costs in the case if the matter goes to trial. The rules on mediation confidentiality have also been tightened meaning the fact that mediation takes place is not confidential, unless the parties choose otherwise. Additionally, the mediator’s liability is now limited to cases of fraudulent acts or omissions, or those involving wilful misconduct. In the old agreement, a mediator was liable only if shown “to have acted in bad faith”.

Issue: 7318 / Categories: Legal News , Procedure & practice , Mediation , Family
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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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