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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

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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
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
The ex-wife of a Russian billionaire has won her bid to bring her financial relief claim in London, in a unanimous Court of Appeal decision
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