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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
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
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Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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