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Ready for take off

08 January 2010 / Geraldine Morris
Issue: 7399 / Categories: Features , Mediation , Family
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Geraldine Morris debunks some mediation myths & says it’s time for some creative thinking

As we come to the end of the current decade it is notable that the options for resolving issues on relationship breakdown have significantly widened. In the nineties the majority of family lawyers only had two methods of dispute resolution available to them—negotiation and court proceedings.

Alternative dispute resolution (ADR) has entered the mainstream to the extent that there is now discussion as to whether it should be called “alternative” at all. But is the original form of ADR—mediation—being eroded by the newer form of collaborative law?

A relative newcomer to the ADR arena, collaborative law was given a significant boost recently when the Legal Services Board confirmed that it would be incorporated into the family specification with effect from October 2010.

Mediation has been compulsory for clients seeking public funding for some time but may not always be appropriate because of, for example, domestic violence or because the non-publically funded party won’t attend mediation.

Mediation myths

Mediation

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

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Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

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Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
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
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