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A Brave New World of Mediation - Mandatory participation & enforceable agreements

Date: Wednesday, 07 Feb 2024, 18:30 - 19:30 Location: Online Only Member cost: £0 (including VAT) Non-member cost: £0 (including VAT)

Rob Langley

MA (Oxon), FCIArb, Solicitor (non-practising), Registered Mediator

For 20 years the Courts have sought to encourage parties to reduce the number of cases needing judicial time by the use of ADR, usually mediation.

Progress has been slow because in 2004 the Court of Appeal ruled in Halsey v Milton Keynes NHS Trust that compelling parties to mediate may contravene article 6 of the European Convention on Human Rights. In November 2023, in Churchill v Merthyr Tydfil CBC the Court of Appeal reviewed and overruled its previous decision. This clears the way to order parties to participate in mediation in very many cases. At the same time, judicial decisions are increasingly supportive of contractual mediation clauses, and the Ministry of Justice is pressing ahead with arrangements for compulsory mediation in the County Court.

Rob will explain the current legal landscape, and the major opportunities for Mediators, ADR practitioners & CIArb members under the coming changes.

Rob Langley initially qualified as a barrister, then as a solicitor, where he progressed to Senior Partner of a 300-strong regional practice. He is now a very experienced Mediator and practises across the UK, particularly in property, construction, probate and commercial disputes.