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Commenting on her award, Emma said: 'I am absolutely thrilled to have been chosen as the winner of the Bar Council’s Law Reform Essay Competition 2022. I am truly honoured to be the recipient of such a prestigious and generous award.
'I chose to write about compulsory mediation having trained as a mediator this summer. I found the topic fascinating due to its potential to increase the efficiency of the court system and enhance access to justice.'
This year’s competition is generously sponsored by City Law School, University of London.
‘Crossing the Constitutional Rubicon: why mediation should be compulsory in all civil disputes’
By Emma Meadows
Mediation is a form of Alternative Dispute Resolution (ADR) which does not have a statutory definition. It ‘involves the use of a neutral third party who seeks to facilitate what is essentially a negotiation process to resolve a dispute’. While ‘mediation has enjoyed a global blossoming’ as part of the growth industry of conflict resolution, it ‘has not been accepted by the legal system in the way most would have hoped’. There have been calls for compulsory mediation to be considered in the UK to deal with court backlogs, especially following COVID-19-related delays. In July 2022, the Government released a consultation paper regarding the implementation of compulsory mediation in the small claims court. Steps have therefore already been taken to implement a compulsory mediation system. This essay will argue that these proposals should be extended, and that mediation should be compulsory in all civil disputes…
The full essay is reproduced below.
Commenting on her award, Emma said: 'I am absolutely thrilled to have been chosen as the winner of the Bar Council’s Law Reform Essay Competition 2022. I am truly honoured to be the recipient of such a prestigious and generous award.
'I chose to write about compulsory mediation having trained as a mediator this summer. I found the topic fascinating due to its potential to increase the efficiency of the court system and enhance access to justice.'
This year’s competition is generously sponsored by City Law School, University of London.
‘Crossing the Constitutional Rubicon: why mediation should be compulsory in all civil disputes’
By Emma Meadows
Mediation is a form of Alternative Dispute Resolution (ADR) which does not have a statutory definition. It ‘involves the use of a neutral third party who seeks to facilitate what is essentially a negotiation process to resolve a dispute’. While ‘mediation has enjoyed a global blossoming’ as part of the growth industry of conflict resolution, it ‘has not been accepted by the legal system in the way most would have hoped’. There have been calls for compulsory mediation to be considered in the UK to deal with court backlogs, especially following COVID-19-related delays. In July 2022, the Government released a consultation paper regarding the implementation of compulsory mediation in the small claims court. Steps have therefore already been taken to implement a compulsory mediation system. This essay will argue that these proposals should be extended, and that mediation should be compulsory in all civil disputes…
The full essay is reproduced below.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts