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26 July 2018 / Graham Massie
Issue: 7803 / Categories: Features , ADR
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Taking stock of mediation

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Graham Massie charts the growth & success of mediation across the civil justice landscape

At the end of the 20th century an anecdotally large proportion of the legal sector regarded commercial mediation as a nuisance that got in the way of litigation. Today (and 28 years since commercial mediation began to put down roots in the UK) that era would appear to be behind us as the key finding from the 2018 CEDR Mediation Audit shows an increase of 20% since 2016 in the number of mediations that take place each year. If one looks at the Quarterly Civil Justice statistics published by the government in recent years (when removing small claims) you come to a number of just over 60,000 claims a year against which 12,000 mediations taking place over the same period looks rather healthy.

The primary focus of the audit, conducted for the last 16 years biennially by the Centre for Effective Dispute Resolution (CEDR) as part of its public mission, is to assess how the market and mediation attitudes

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MOVERS & SHAKERS

Cripps—Radius Law

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Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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