ADR gaining traction in family law matters, Preparing for the mediation day, New arbitration bill aims to boost UK legal sector
Lisa Rodger
Mediation Manager at TBG Mediation Let me help you find an accredited civil mediator anywhere in England and Wales at a fixed fee price
THE HOT STORY
‘I’m a traditionalist - but the Bar needs to embrace change,’ Harry Hodgkin says
Harry Hodgkin, co-founder of The Barrister Group (TBG) with Stephen Ward, has spoken with?The Times about how he is on a mission to use the latest technology to make the Bar more accessible and client-focused. TBG is an umbrella company which owns the online chambers Clerksroom and Clerksroom Direct. In a first for the profession, those businesses have had an injection of private equity finance. Private equity investment firm LDC - part of Lloyds Banking Group - invested ￡10m to help fund the company’s growth plans, which Hodgkin says could one day lead to a stock exchange listing. The set has about 250 barristers, including eight King’s Counsel. Hodgkin looks forward to when it could have 1,000 members, or nearly 6% of practising barristers. He says: “We are the future of the Bar,” and while describing himself as a “traditionalist,” says “I just think [the Bar] needs to embrace change in order to keep ahead of the market.” He forecasts that, within a decade, most barristers will no longer be practising from chambers housed in the four ancient Inns of Court. Hodgkin says he admires the worldwide reputation of the Bar, but is “not sure about the rest of it. In short, I don’t think the Bar is really looking after the customer and it’s inaccessible.”
MEDIATION
Preparing for the mediation day
Peter McLoughlin writes for The Barrister Group’s blog an article based on his own experiences and thoughts arising from a combination of practicing as a mediator for over 15 years and a litigator for longer than that. The article is in two parts. This first part covers the steps leading up to attending a mediation, and the second part will cover the mediation day itself. The author says he hopes this may be of some interest and use to practitioners, offering as it does views from both sides of mediation practice. He considers issues including when to mediate, choosing a mediator, whether the mediation should be in person or virtual, mediation documentation, and preparation prior to the mediation day.
ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is gaining traction in family law matters
Yorkshire Post
Writing for the Yorkshire Post, Wayne Lynn, a partner at Silk Family Law, takes a look at why alternative dispute resolution (ADR) has begun to develop “at quite a pace” in family law matters. The author notes that there are several types of ADR, including mediation, early neutral evaluation and private financial dispute resolution (FDR), and all three can help to resolve matters without going to court, and a private FDR completely takes the case out of the court system. Senior members of the judiciary have publicly encouraged couples to engage in ADR and lawmakers are increasingly making it a stipulation that couples must demonstrate what efforts they have made to resolve matters out of court, Lynn writes.
Impress opens dispute resolution service to all publishers and others
Impress, the UK's only independent press regulator, is making its alternative dispute resolution (ADR) services available to the general public. The initiative aims to address the power imbalance arising from the high costs of the British court system and make justice more accessible and affordable. Previously, these ADR services had been exclusive to those enrolled in the Impress regulatory scheme. Impress said in a statement: “By opting out of the court process, you can still get a legally binding outcome by seeking alternative dispute resolution. The only difference is that you’ll get a result much faster and for less money.”
DISPUTE RESOLUTION
New arbitration bill aims to boost UK legal sector
City A.M.
The UK government has introduced the Arbitration Bill in the King's Speech, aiming to support more efficient dispute resolution, attract international legal business, and promote UK economic growth. The bill is based on a Law Commission recommendation to reform arbitration law and strengthen the domestic and international arbitration sector. It clarifies the law applicable to arbitration agreements, codifies a duty on arbitrators to disclose impartiality concerns, and empowers arbitrators and courts to make summary awards and orders in support of emergency arbitrators. The bill also revises the framework for challenges to arbitral jurisdiction. With at least 5,000 domestic and international arbitrations each year in England and Wales alone, worth ￡2.5bn to the British economy, the bill aims to boost the UK's legal sector and attract international legal business to London.
Financial Ombudsman Service expands in Northern Ireland with 44 new jobs
Belfast Telegraph
The Financial Ombudsman Service is expanding its services in Northern Ireland by creating 44 new financial investigator jobs. The free service settles disputes between consumers and businesses. Decisions?on?subjects?like?banking?and?insurance?must?be?made?by investigators. The Financial Ombudsman Service says it is looking for candidates who are?level-headed, curious and detail-focused.? Prospective candidates will undergo an 18-week training academy, including a week of residential training in London. The service says it aims to resolve complaints faster and create a future-fit workforce.
Law firm Anderson Strathern launches new dispute team
Herald Scotland
Anderson Strathern has welcomed a new construction and engineering dispute resolution team. The team, consisting of four members including solicitors Gillian Green and Liam McKay, will assist clients with various claims related to building and infrastructure projects. The team has expertise in dispute resolution, litigation, and project management. It aims to provide advice and support to construction and engineering businesses, ensuring effective representation in case of disputes.
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FAMILY DISPUTES
Adults support prenups, survey finds
The Times
A survey of nearly 2,500 British adults found that a majority of respondents support prenuptial agreements as a beneficial tool to prevent financial disputes in the event of divorce. While 66% of respondents agreed that they are beneficial, only 17% of those surveyed had actually entered into a prenup agreement, citing difficulties in convincing their partner as the main obstacle. The study suggests a growing acceptance of prenuptial agreements among the general public. Michael Chapman, a partner at JMW Solicitors, notes that prenups provide a practical framework for resolving disputes and can prevent individuals from being taken advantage of. The survey also found that 70% of respondents believe prenuptial agreements are becoming more popular in general.
Family court reporting pilot widens to include private family disputes
The pilot scheme which allows journalists to report on cases at family courts in England and Wales has been expanded to include private law. At the 19 courts involved in the scheme, private family disputes can now be reported on, provided the identities of those involved are kept strictly anonymous. Sir Andrew McFarlane, the president of the family division of the Judicial Office, said: “Extending the reporting pilot to include private law in almost half of all family courts is another significant step in the judiciary’s ongoing work to increase transparency and improve public confidence in, and understanding of, the family justice system.”
WORKPLACE CONFLICTS
Government set for pay battle with Police Federation
The government is set for a pay battle with the federation representing the country's front-line police officers. Tiff Lynch, the acting chair of the Police Federation, has called for a return to collective pay bargaining where her organisation would be able to negotiate directly with their employers over pay. The federation has warned that if the government refuses, it will ballot its 150,000 members on whether they want to seek the right to take industrial action. Lynch said a poll of 50,000 officers secured 98% backing for the federation to campaign for collective bargaining with employers to replace the current police remuneration review body. The federation is also calling for a system of independent binding arbitration on all parties, including the government, if a settlement cannot be agreed. The police secured a 7% pay rise last year through the pay review body but the federation claims that officers' pay has fallen by 17% in real terms since 2010. Lynch said the police service wanted to work with the government to “rebuild trust and confidence.” She called for multi-year funding settlements for police forces, a steady approach to recruitment, and a review of the police funding formula to end the bias against rural areas.
Migrant cleaners at Harrods prepare to strike over 'discriminatory' holiday policy
The Independent
Dozens of migrant cleaners at UK luxury retailer Harrods are preparing to strike over what they say is a new "discriminatory" holiday policy that affects Black and Asian workers. The policy limits workers' holidays to a maximum of two weeks, which restricts their ability to visit their families overseas. The workers claim that Harrods has turned down holiday requests longer than two weeks, accusing the company of undermining the welfare of its migrant workforce. The United Voices of the World (UVW) union, representing the cleaners, considers the policy to be race discrimination. The cleaners have instructed UVW to send Harrods a Notice of Intention to Ballot (NOIB), and strike dates will be announced soon.??Harrods acknowledged the dispute and told The Independent that it does not plan to engage with the union as it is not recognised by the company. A spokesperson said: “There has been no introduction of a new policy in relation to holidays at Harrods. Harrods clarified existing company policy, which limits holiday length during peak periods, as defined by the specific divisional needs of the business. This is to ensure that holiday is taken fairly and consistently across the team, as well as ensuring the business can continue to operate during its busiest periods.”
INTERNATIONAL DISPUTES
Netanyahu meets with Biden at White House
Daily Mail
Israeli Prime Minister Benjamin Netanyahu has made a long-awaited White House visit to meet with President Joe Biden. The visit comes at a crucial moment for the politicians, who face growing pressure to find an endgame to the nine-month war in Gaza. Biden is pushing for a proposal to release remaining hostages in Gaza, which could be a legacy-affirming achievement for him. The negotiations are in the closing stages, but there are still unresolved issues. Netanyahu is navigating his own delicate political moment, facing pressure from hostage families and far-right members of his coalition. In a fiery address to Congress on Wednesday,?Netanyahu defended Israel's conduct during the war and praised Biden's support.
New Jersey welcomes launch of centre for cross-border business disputes
After years in the planning stage, the Global Mediation Exchange Center has finally opened its doors in New Jersey. The organisation offers arbitration and mediation services for cross-border business disputes. The centre, based in Jersey City, provides a hybrid process that combines aspects of arbitration and mediation. Dispute resolutions reached with the help of experienced neutrals from the centre can be confirmed as judgments in 172 countries under the New York Convention. Jennifer Brandt, co-founder of the Global Mediation Exchange Center, expressed her excitement about the centre's opening. She said: "We are thrilled to provide a platform for resolving business disputes and bringing peace to the international trade community."
China and Philippines reach deal to end disputes at south China Sea shoal
The Independent UK
China and the Philippines have reached a deal to end confrontations at the Second Thomas Shoal in the South China Sea. The deal was reached after a series of meetings between the two countries' diplomats and aims to establish a mutually acceptable arrangement at the shoal without conceding territorial claims. The deal could potentially serve as a model for similar arrangements between China and other rival countries. However, it remains to be seen if the deal can be successfully implemented and how long it will last. The yearslong territorial standoff at the shoal has involved clashes between Chinese and Philippine forces, with China using water cannons and blocking attempts to prevent supplies from reaching Filipino navy personnel. The United States and its allies have condemned China's actions and called for the rule of law and freedom of navigation in the South China Sea. The dispute in the South China Sea involves several countries, including Vietnam, Malaysia, Brunei, and Taiwan. The US has deployed navy ships and fighter jets in the region to uphold freedom of navigation.
Starmer promises EU leaders he will repair ties with their countries
The Guardian
Sir Keir Starmer has promised European leaders he will reset Britain's ties with their countries as the UK's new prime minister used his first international summit on domestic soil to draw a line under years of fractious relations with continental Europe. British ministers were hoping to use the summit as a chance to explore future talks on migration and trade, with Starmer hoping for new deals with the EU on returning asylum seekers and trading defence and agricultural products. Starmer contrasted his approach with that of his predecessor, Rishi Sunak, and emphasized the government's commitment to international law. European leaders arriving at the summit expressed optimism about renegotiating parts of Britain's relations with the EU. However, formal talks are still some way off. Foreign Secretary David Lammy warned that the UK is "nowhere near" negotiating agreements with the EU.