Archive for the 'dispute resolution' Category

Universities just cannot afford law suits – The Guardian

“Universities must look at mediation to settle disputes rather than spending vast sums of money, time and energy fighting claims by staff or students.”

Full story

The Guardian, 3rd May 2011

Source: www.guardian.co.uk

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Separation mediation plan ‘rushed and flawed’ – The Guardian

“Last week the government’s independent Justice Review Panel published its interim report on the family justice system in England and Wales.”

Full story

The Guardian, 7th April 2011

Source: www.guardian.co.uk

Public backs compulsory mediation assessments – Law Society’s Gazette

“Two-thirds of the public support the new enforced mediation assessments being introduced for divorcing and separating couples tomorrow, according to research published by City firm Charles Russell.”

Full story

Law Society’s Gazette, 5th April 2011

Source: www.lawgazette.co.uk

Divorce: Couples face new mediation rules and warnings – BBC News

“Divorces in England and Wales could become quicker, less stressful and cheaper, but there are fears people will miss out on advice.”

Full story

BBC News, 25th March 2011

Source: www.bbc.co.uk

Divorce: Mediation should help married couples split up – BBC News

“A major shake-up of the family court procedures in England and Wales comes into effect on 6 April 2011.”

Full story

BBC News, 2nd March 2011

Source: www.bbc.co.uk

More separating couples to be spared court battles – Ministry of Justice

“Anyone setting out to contest the terms of their separation in court will first be required to consider mediation, under a new protocol agreed with the Judiciary.”

Full story

Ministry of Justice, 23rd February 2011

Source: www.justice.gov.uk

News release: More separating couples to be spared court battles – Ministry of Justice

“Anyone setting out to contest the terms of their separation in court will first be required to consider mediation, under a new protocol agreed with the Judiciary.”

Full story

Ministry of Justice, 23rd February 2011

Source: www.justice.gov.uk

Divorcing couples to go through mediation before court – BBC News

“Divorcing couples will be referred to mediation to sort out most disputes before they are allowed to use the courts, the government is announcing.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

Family mediation – an alternative to courts – Ministry of Justice

“The first working day of the year is when lawyers, marriage counsellors and family mediators report the most enquiries from people intending to separate — which has sometimes led to it being coined ‘Divorce Day’ by the media.”

Full story

Ministry of Justice, 4th January 2011

Source: www.justice.gov.uk

Will mediation replace solicitors in divorce proceedings? – BBC News

“Divorce can be a highly complex issue and many people going through it feel legal representation is vital. Until now, legal aid has been available to fund it, but new legislation means it will no longer be available in England and Wales.”

Full story

BBC News, 8th December 2010

Source: www.bbc.co.uk

Justice minister calls for greater steer towards mediation – Law Society’s Gazette

“Individuals should play a greater role in solving their problems rather than turning to the courts, justice minister Jonathan Djanogly said last week as he set out the government’s plan to support mediation in the wake of its proposals to slash legal aid.”

Full story

Law Society’s Gazette, 22nd November 2010

Source: www.lawgazette.co.uk

Neuberger: mediation is no substitute for justice – Law Society’s Gazette

“Mediation ‘cannot be a substitute for justice’, the master of the rolls warned this week, in a view that appears sharply at odds with government proposals to replace many legal aid-funded cases with alternative dispute resolution.”

Full story

Law Society’s Gazette, 18th November 2010

Source: www.lawgazette.co.uk

The Gordon Slynn Memorial Lecture 2010: Has mediation had its day? – Speech by Lord Neuberger

The Gordon Slynn Memorial Lecture 2010: Has mediation had its day? Speech by Lord Neuberger of Abbotsbury, Master of the Rolls, 11th November 2010.”

Judiciary of England and Wales, 11th November 2010

Source: www.judiciary.gov.uk

Minister proposes privacy mediation service and good-privacy kitemark – OUT-LAW.com

“A UK Government minister has proposed the creation of a mediation service for people who think their right to privacy has been violated on the internet. The mediation could result in the removal of material, Ed Vaizey said.”

Full story

OUT-LAW.com, 1st November 2010

Source: www.out-law.com

Kenneth Clarke and Lord Judge: a plain-speaking verdict on life after cuts – The Guardian

“Lord chancellor and lord chief justice share a talent for bluntness, but who is the most realistic about how the deficit will affect the legal system?”

Full story

The Guardian, 28th October 2010

Source: www.guardian.co.uk

Lawyers to be kept out of divorce battles – Daily Telegraph

“Lawyers will be kept out of thousands of family dispute cases every year in a shake-up of divorce laws.”

Full story

Daily Telegraph, 18th October 2010

Source: www.telegraph.co.uk

Forced mediation ‘may not serve interests of children’ – Law Society’s Gazette

“Family solicitors have warned that government plans to divert private law disputes over children away from the courts and towards mediation may not lead to child-focused outcomes.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

Feuding parents could be refused legal aid unless they mediate – Daily Telegraph

“Feuding parents could be refused legal aid in custody battles unless they try mediation first, the justice minister signalled yesterday.”

Full story

Daily Telegraph, 7th October 2010

Source: www.telegraph.co.uk

Courts should be a last resort says minister – Ministry of Justice

“Minister Jonathan Djanogly has said that more use should be made of mediation as an alternative to using courts in civil and family justice disputes.”

Full story

Ministry of Justice, 20th September 2010

Source: www.justice.gov.uk

Judicial mediation in Employment Tribunal cases falls short – Law Society’s Gazette

“Mediation provided by judges in Employment Tribunal cases has failed to achieve the anticipated time and cost savings over unmediated cases, the results of a pilot scheme have revealed.”

Full story

Law Society’s Gazette, 22nd April 2010

Source: www.lawgazette.co.uk

Fears over non-Muslims’ use of Islamic law to resolve disputes – The Guardian

“Campaigners have voiced concerns over a growing number of non-Muslims using Islamic law to resolve legal disputes in Britain despite controversy over the role of sharia law.”

Full story

The Guardian, 14th March 2010

Source: www.guardian.co.uk

Collaborative law a success for divorcing couples, says judge – Law Society’s Gazette

“Collaborative law has proved a huge success for divorcing couples and could soon be extended into the commercial arena, one of the UK’s most senior judges said last week.”

Full story

Law Society’s Gazette, 15th October 2009

Source: www.lawgazette.co.uk

Divorce: the Government wants talk, talk before war, war – The Times

“Should divorcing couples be compelled to consider mediation before they can go to court?”

Full story

The Times, 15th September 2009

Source: www.timesonline.co.uk

Divorcing couples must consider mediation, says Bridget Prentice – The Times

“Divorcing and separating couples would be compelled to consider mediation before going to court, under plans being drawn up by ministers.”

Full story

The Times, 14th September 2009

Source: www.timesonline.co.uk

Separating couples may be forced into mediation under MoJ plan – Law Society’s Gazette

“Divorcing and separating couples could be compelled to consider mediation before going to court under plans being examined by the Ministry of Justice.”

Full story

Law Society’s Gazette, 3rd September 2009

Source: www.lawgazette.co.uk

Non-Muslims turning to Sharia courts to resolve civil disputes – The Times

“Increasing numbers of non-Muslims are turning to Sharia courts to resolve commercial disputes and other civil matters, The Times has learnt.”

Full story

The Times, 21st July 2009

Source: www.timesonline.co.uk

Woolf v Genn: the decline of civil justice – The Times

“This week witnessed clashes between Lord Woolf, architect of the civil justice reforms of ten years ago, and Professor Dame Hazel Genn over the topic of her recent Hamlyn lectures, where she argued that the main thrust of civil justice reform was not about more access, nor about more justice. ‘It is simply about diversion of disputants away from the courts.'”

Full story

The Times, 23rd June 2009

Source: www.timesonline.co.uk

Mediation – an integral part of our litigation culture – Speech by Lord Clarke of Stone-cum-Ebony

Mediation – an integral part of our litigation culture (PDF)

Speech by Lord Clarke of Stone-cum-Ebony, Master of the Rolls

Littleton Chambers Annual Mediation Evening, 8th June 2009

Source: www.judiciary.gov.uk

Cherie Booth turns mediator to cut legal costs for companies – The Times

“Cherie Booth, QC, and Lord Woolf, the former Lord Chief Justice, will spearhead a new scheme today aimed at saving big companies millions of pounds in legal costs by settling disputes out of court.”

Full story

The Times, 9th June 2009

Source: www.timesonline.co.uk

The Acas view: our new code will have a positive impact – The Times

“New legislation is often welcomed with a whiff of trepidation, especially by businesses. Change – in particular legal change – usually prompts feelings of uncertainty and suspicion.”

Full story

The Times, 26th March 2009

Source: www.timesonline.co.uk

New Bar Council chair talks up UK as location of choice for disputes – Legal Week

“Incoming Bar Council chairman Desmond Browne QC has hailed the UK as the jurisdiction of choice for resolving disputes arising as a result of the global economic downturn.”

Full story

Legal Week, 9th December 2008

Source: www.legalweek.com

Dispute resolution to soar, four reports agree – The Lawyer

“Dispute resolution is set to rise sharply, according to four independent reports published this week.”

Full story

The Lawyer, 23rd September 2008

Source: www.thelawyer.com

Re-grading staff could beat discrimination claims, says Acas – OUT-LAW.com

“Employers should undertake job evaluation programmes to avoid being caught up in the escalating number of discrimination claims reaching Employment Tribunals, the Government’s dispute resolution service has said.”

Full story

OUT-LAW.com, 3rd September 2008

Source: www.out-law.com

Podcast 69: Andrew Goodman, barrister, on mediation advocacy and the SCMA – Charon QC

“Today I am talking to barrister, Andrew Goodman. Andrew, of 1 Chancery Lane, is the Convener of the Standing Conference of Mediation Advocates (SCMA)

We look at mediation advocacy and the work of the Standing Conference of Mediation Advocates:
How does the role of the advocate fit in the current mediation market? – Is representation in mediation really necessary – doesn ‘t it undermine the idea of party autonomy? – Can mediation representation properly be called ‘advocacy’? – What is the SCMA and how did it come into being? – What is your role / How many members does it have/ What activities does it conduct/ who is involved with it?”

Podcast

Charon QC, 10th July 2008

Source: www.charonqc.wordpress.com

Related link: Standing Committee of Mediation Advocates

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Judiciary should help promote mediation – Law Society’s Gazette

“Judges should help boost ‘startlingly’ low take-up rates of alternative dispute resolution (ADR) by routinely directing litigants to mediate before taking disputes to trial, the Master of the Rolls has said.”

Full story

Law Society’s Gazette, 15th May 2008

Source: www.lawgazette.co.uk

The Second Civil Mediation Council National Conference: The Future of Civil Mediation – Speech by Sir Anthony Clarke, Master of the Rolls

The Second Civil Mediation Council National Conference: The Future of Civil Mediation (PDF)

Speech by Sir Anthony Clarke, Master of the Rolls

The Second Civil Mediation Council National Conference, 8th May 2008

Source: www.judiciary.gov.uk

Housing: Proportionate Dispute Resolution – Law Commission

“A project to review the law and practice on how housing disputes are resolved, with the aim of reforming it to make it simple, effective, fair and proportionate.”

Full story

Law Commission, 12th May 2008

Source: www.lawcom.gov.uk

Mending fences – Law Society’s Gazette

Professor Karl Mackie, a tireless advocate of alternative dispute resolution, tells Jon Robins why the tide has turned for mediation.”

Full story

Law Society’s Gazette, 1st May 2008

Source: www.lawsocietygazette.co.uk

Alternative dispute resolution – an English viewpoint – Judiciary of England and Wales

“Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales.”

Full speech

Judiciary of England and Wales, 2nd April 2008

Source: www.judiciary.gov.uk

Alternative dispute resolution: annual pledge report 2006/07 – Ministry of Justice

“The Annual Pledge Report monitors the effectiveness of the government’s commitment to using alternative dispute resolution across government departments and agencies.

The 2006/07 report shows that alternative dispute resolution has been used in 331 cases across government, with 225 leading to settlement, and with estimated savings of £73.08 million.”

The Annual Pledge Report 2006/07 (PDF)

Ministry of Justice, 15th January 2008

Source: www.justice.gov.uk

Access to Justice – Speech by Mr Justice Lightman

Access to Justice (PDF)

Speech by Mr Justice Lightman

The Law Society, 5th December 2007

Source: www.judiciary.gov.uk

Half of commercial disputes get personal – poll – Legal Week

“A majority of disputes launched by companies are led by executives’ hearts rather than their heads, according to new research published today (29 October).”

Full story

Legal Week, 29th October 2007

Source: www.legalweek.com

Four top litigators launch mediation chambers – Legal Week

“Four senior mediators have launched a dispute resolution chambers as the battle to capture work outside of the courtroom continues.”

Full story

Legal Week, 15th June 2007

Source: www.legalweek.com

Judiciary under fire as conduct of duo is questioned – Legal Week

“The judiciary has come under fresh scrutiny this week after a retiring senior judge’s details appeared prematurely on a mediation website and another continued working until days before his high profile trial for indecent exposure.”

Full story

Legal Week, 14th June 2007

Source: www.legalweek.com

Twisting arms: court referred and court linked mediation under judicial pressure – Ministry of Justice

“This report evaluates a) a quasi-compulsory mediation programme and b) a voluntary mediation scheme.  The results describe the uptake of mediation, user experiences, and the potential of mediation to offer savings to the justice system.”

Full report

Ministry of Justice, 21st May 2007

Source: www.justice.gov.uk

Snookered by fair comment – The Times

“Alternative dispute resolution – sorting out libel actions without the crushing costs of High Court litigation – was given a new lease of life last month when Peter Ebdon, the former world snooker champion, arbitrated his libel action against The Times. It was the first time a case involving a defence of fair comment went to binding arbitration.”

Full story

The Times, 17th April 2007

Source: www.timesonline.co.uk

Dispute resolutions fail say harassed employees – OUT-LAW.com

“Workplace dispute resolution procedures make cases of discrimination worse and do not benefit the victim, according to sufferers of harassment on grounds of religion or sexual orientation.”

Full story

OUT-LAW.com, 4th April 2007

Source: www.out-law.com


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