ADR & Mediation

Articles

Update: employment

Sue Ashtiany reviews the latest cases on employment status and whether directors of failed companies are entitled to the same benefits as their employees, unfair dismissal claims and the 'Polkey' principle, and equal pay in the NHS

Striking a balance

The conflict between the need to comply with the new practice direction on pre-action conduct and the duty to serve clients' best interests could make efficient dispute resolution more difficult to achieve, says James Maton

Advancing ADR

Mediation is still under-used but it has real value in resolving personal injury cases at an early stage, says Tony Allen

Update: immigration

Jane Coker reviews the latest cases on family reunion, right to family life, the UN's refugee convention, students, and the recognition of Muslim divorces

Making the most of mediation

Gary Webber shares his tips on how, as representative of a party at a mediation, you can help the mediator help the client

David Oldham on the erosion of the civil justice system

David Oldham has a mission, he says in the notes accompanying the news of his appointment as president of the association of district judges. “It is to persuade the government to return to funding our civil courts to a realistic level.”

Out with the old

The legislation on age discrimination sits uncomfortably alongside today's economic troubles, while the legitimacy of forced retirement remains a vexed question for employers and employees alike, says Schona Jolly

Money, toil and trouble

Funding divorce proceedings is beset with hidden pitfalls not just for the party without personal finance but also for their solicitor, warn Philip Way and Edward Heaton